Can a bailiff seize a house or land if it was acquired during marriage? Is it the property of the debtor?

⭐ ⭐ ⭐ ⭐ ⭐ Legal topics are very complex, but in this article we will try to answer the question “How to find out whether a deed of land has been seized.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.

First of all, an important reason for imposing an encumbrance on land in the form of a seizure is a dispute over the ownership of the plot. That is, when the judge or plaintiff fears that the current owner will do something with the site, for example, sell it to third parties or give it to his relatives .

What to do if a land plot is seized

We remind you that even if you thoroughly study all the data that is in the public domain, this will not replace the experience of professional lawyers! To get a detailed free consultation and resolve your issue as reliably as possible, you can contact specialists through the online form .

Reasons for the seizure of the site

First, you need to correctly and reasonably draw up a statement of claim to the court. It must contain the following details:

name of the court, its address and basic information;
information about the plaintiff (full name, telephone number, place of residence, information from the passport);
information about the defendant (bailiff service, tax service, etc.);
the amount of the claim is calculated based on the value of the land plot;
all requirements and evidence supporting them;
list of attached documents.

A plot of land may not always become the object of seizure. The legislator has identified special circumstances that exclude the use of such a measure. The listed conditions are intended to protect the constitutional right of a citizen to housing.

Seizure of the property of the debtor's spouse

So, the property of each spouse is the property that belonged to them before marriage, as well as gifted or inherited during the marriage. Well, there’s also all sorts of personal stuff (toothbrush, panties...). Everything else is considered joint property of the debtor and spouse.

In the event that a bailiff refuses to seize property registered in the name of the debtor’s spouse, citing the fact that the debtor’s spouse is not a party to the enforcement proceedings, the claimant can take the following routes:

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Seizure of the debtor's land plot by bailiffs: causes and consequences

In some cases, the arrested plot of the debtor is the object of inheritance. At the same time, until the moment they receive the documents, the heirs may not have any idea about the specifics of their future property. And then the question of how to remove the seizure imposed by the court from the land plot will face them especially acutely.

Under what conditions can a land plot not be seized?

Information is available in an extract from the Unified State Register of Taxes, which can be obtained no more than 3 business days after submitting the request:

at the Rosreestr office;
in the Multifunctional Center (MFC);
online;
through on-site service.

It is better to use method No. 2 using an extract from the Unified State Register of Real Estate (for a land plot). Method No. 2 - extract from the Unified State Register for 250 rubles. Rosreestr uses an outdated XML format that is poorly compatible with most programs; it also takes time to convert documents created in it into a readable form, and, as practice shows, the graphical scheme may be lost during conversion or become unusable;

We had to wait an average of 47 hours from Rosreestr; With Whotam.pro, statements are immediately sent in readable form and can be opened both on a computer and on a smartphone. There is no need to install any additional programs. You will receive an extract from Rosreestr in an unreadable .xml format.

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Topic: How to find out if there is a seizure on a land plot via the Internet

↓ If instead of addresses the message “Data that matches your request was not found. Try changing the request or use the search using outdated numbers” - this means that the wrong address and cadastral number of the plot was entered. I advise you to double-check and enter again.

The service is paid, which can be paid in several ways directly on the portal. Depending on the option chosen, the statement will be sent to the applicant in an electronic file by mail or in paper form via postal services.

What can be seized?

Objects and items subject to seizure may be:

houses, apartments and other real estate, including inherited or received as a gift;
a vehicle that the debtor owns as an owner;
jewelry, with the exception of those related to prizes and awards;
funds, including in non-cash form, stored in any currency;
furniture, as well as household appliances and equipment;
securities.

This list is not exhaustive, since in certain circumstances other types of property may be seized. Personal items, including clothing, are not subject to seizure, unless we are talking about expensive fur wardrobe items.

Clients often contact us with questions about how to find out about the seizure of property. Our specialists are always ready to advise you about this and how property is seized.

Note!

Information about seized real estate must be entered into the State Register, after which it becomes freely available online. Before checking a house or apartment for arrest, you must register in the Electronic Services Cabinet.

How to check a land plot for arrest

If you want to check the encumbrance under the CN, please note that it is not always necessary to refuse the agreement if there are nuances. By consulting a real estate lawyer, you can find out not only about the possibility of lifting restrictions, but also benefit from his support in this procedure. Selling encumbered real estate is not a problem today, but only a professional can correctly and competently conduct a transaction with such real estate.

Find out for yourself whether there is an encumbrance on a land plot online

If the documents indicate that the land is for the construction of a multi-storey residential building, this means that there will soon be residential high-rise buildings around your site. What it consists of and what needs to be studied will be discussed further. One of the main requirements for the seller when conducting a purchase and sale transaction is that he has ownership rights to the land plot. These rights are confirmed by certain documents, which are necessarily attached to the contract.

The statement can also be downloaded from your personal account . Click on the middle "PDF" button. The statement will be in pdf format and can be immediately opened on your phone or computer using a browser. To print, click on the right button with the printer sign. To download the archive with the source extract files, click on the left “EDS” button. The archived statement will be in xml format. A file in .sig format is the registrar’s electronic signature (EDS).

Collection of debt by bailiffs by seizing a land plot

Good afternoon, I have a debt to an individual of about 250 thousand. rub. The bailiff seized a land plot and a house on it with an area of 270 m2, the market value of the plot and house is more than 7 million rubles. Can the bailiff sell the house and land to pay off this debt?

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This principle is that all coercive measures used in the enforcement process must be adequate to the requirements contained in the executive document. The Investigative Committee for Civil Cases of the Armed Forces of the Russian Federation explained that this principle is not violated in a situation where the amount of collection is clearly disproportionate to the value of the property being sold within the framework of enforcement proceedings, which is being foreclosed on, if the debtor has no other property. As the College explained, in the case where the debtor only has property that significantly exceeds the amount of the debt, the law allows for the possibility of foreclosure on it. https://www.garant.ru/products/ipo/prime/doc/71363586/

How to check whether a land plot has been seized? (video)

If you entered everything correctly, but 2 addresses are displayed on the page (for example, like here), then most likely one address is the address of the site, the other is the address of the house on this very site. Click on both addresses and look at the data on the pages. The area will be shown as in this picture (arrow with number No. 1, ignore the second arrow).

Instructions for ordering an extract on Whotam.pro

Go to the main page of the Rosreestr website.
Click on “Receive information from the Unified State Register of Real Estate”.
A request form will open, which must be filled out step by step.
Enter data about the object

In jurisprudence, the seizure of any material benefit is understood as an encumbrance or restriction regarding its use or disposal. The practice of using arrest is quite common today, however, not all participants in land legal relations have complete information about ways to get rid of such restrictions and other nuances directly related to further actions when concluding a transaction.

Seizure of wife's property for husband's debts

In other cases, when the husband spent the loan on needs not related to family needs, the wife was not a co-borrower or guarantor, the bailiff cannot foreclose on the wife’s share and her personal belongings, as well as real estate or a car.

The debtor has the opportunity to determine for himself which property will be used to repay the debt. If personal property and money are not enough, the bailiff has the ability to seize property and collect debt from the joint property of the husband and his wife.

How to find out if a land plot has been seized

the service will automatically determine the region of your location. If he indicates the wrong region or if you need a different city, click on the button in the upper left corner and select the one you need in the drop-down list on the left side;

then click on the line “information about sites”;

on the tab that opens, click “I don’t know the cadastral number” and at the bottom select “turn on cadastral grid”;

select the desired area (for convenience, use the mouse wheel to zoom in/out on the map), and the cadastral number and address of the property will be displayed in the drop-down menu. Copy this data.

Go to.
Insert the cadastral number you know and click “Find”.
To enter a cadastral number, click on the button, then enter the number and click “Find”.
Next, check the address and click “Select object”.

How to lift an arrest: features of the procedure

If you strictly followed the instructions and did everything correctly, however, in the window that opens you see not one, but two addresses, then most likely the service shows you information not only about the site, but also about the buildings on it. Click on both lines with addresses and see the information in more detail.

In what cases is a land plot seized? First of all, it is necessary to clarify that a seizure can be imposed only in cases provided for by current legislation, namely, when a dispute arises about the ownership of a given plot of land, when there is a fear that it will be alienated before how the judge will make a decision.

Here you will find out whether bailiffs can seize a land plot (for example, a summer cottage) and sell it in order to compensate for the debt incurred by the debtor? Log in to your personal account to make sure your order is being processed. To enter your personal account, click on the “Personal Account” button in the top right, in the window that opens, enter your email with a password, and click on “Login.”

What to do if a land plot is seized

In accordance with current Russian legislation, the basis for arresting a land plot can only be a court decision. After the end of the trial, bailiffs take over the case. In the process of enforcement proceedings, FSSP employees conduct an inventory of property, seize the debtor’s land plot and send a written notice of the seizure to the place of his residence or work. The sequence of actions when collecting from individuals is prescribed in Article 69 of Federal Law No. 229, and Article 94 of the same standard prescribes the procedure for legal entities. Initially, the debtor is given a certain time to voluntarily pay the debt.

An application to lift the seizure can only be submitted by the owner of the plot (or persons who have the appropriate power of attorney certified by a notary office) - with the exception of cases when the land is owned by several citizens or legal entities.
The application must indicate in detail the reason why it is necessary to remove the seizure from the land plot.
The owner has the right to represent his interests either independently or with the help of specialists in this field - lawyers or attorneys.
For the procedure for lifting the arrest, you will need to pay a state fee, the amount of which depends on the value of the land. Details for paying the state duty can be clarified directly with the authorized body.
An integral procedure for lifting a judicial arrest is a hearing, the results of which result in a decision being made - positive or negative.

If the arrest was imposed as part of enforcement proceedings, it can only be lifted if the owner of the plot repays the existing debt in full (for example, if a person has a debt on credit obligations, then he will need to repay the entire amount specified in the writ of execution or court order, which is also an executive document).
If disputes arise regarding a land plot (for example, regarding the establishment of ownership rights), sanctions in the form of seizure can also be canceled.

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Conditions for releasing a land plot from seizure

The law provides for cases when property belonging to a citizen cannot be seized. Thus, a seizure cannot be imposed on a plot of land if a building is erected on it that is the only one suitable for living, provided that this property is not mortgaged.

If enforcement proceedings are being carried out against you, then the arrest may be legal. Art. 446 of the Code of Civil Procedure contains a list of property that cannot be foreclosed on under executive documents. It is impossible to foreclose on the land plot on which the residential premises (parts thereof) are located if for the debtor citizen and members of his family living together in the premises owned, it is the only premises suitable for permanent residence. You do not yet have residential premises on the land plot.

Ways to cancel a seizure on a site

If you are a debtor who has discovered a sanction on your plot, a buyer who has learned about existing restrictions on the subject of the transaction, or a party to an equity participation agreement who has been notified of the seizure of the developer’s land holdings, then you should not immediately panic. First, you need to find out the reason for the arrest - although the procedure for lifting restrictions may take a long time, it is not difficult to insist on ending the arrest.

In order to ensure the safety of the execution of the agreement, the buyer, if the land is seized, needs to contact the MFC or the registration service with a request to suspend the registration procedure, indicating the grounds for this and the freezing period.

To cancel an arrest, it is always necessary to eliminate the reasons for its imposition:

repay the debt in full;
win a trial or your own lawsuit.

In some situations, the owner does not have the financial ability to repay the debt that led to the seizure.

However, in order not to lose a profitable deal, you can persuade the seller to transfer the deposit under a preliminary purchase and sale agreement.

In this situation, it is prescribed that the current owner of the plot is obliged to take steps to lift the arrest before the land is transferred, for example, by repaying the debt using the deposit received.

An application to cancel the procedure for applying restrictions must be submitted to employees of the government agency that imposed it, for example, to bailiffs.

Also, it will be possible to cancel an arrest when it can be proven that violations were committed during its application:

procedural errors on the part of the FSSP;
a plot that is not an alienable object subject to prohibition was subject to foreclosure;
arrest at the site violates the interests of minor children;
the entire land was seized, despite the fact that the defendant is its share owner.

Statement of claim

To cancel the seizure through the court, you must submit a corresponding application within three years of the limitation period from the date of application of the ban, but before the sale of the land plot during confiscation to pay off the debt.

The statement of claim must indicate:
date of inventory of the site and seizure;
resolution or writ of execution that gave rise to the arrest;
description and distinctive features of the alienated real estate.

applications can be found here.

If available, the content must focus on procedural violations in enforcement proceedings and justify your own view with evidence.

The following is filed along with the claim:

receipt for payment of state duty;
documents on ownership of the land plot;
a photocopy of the seizure order;
paper evidence indicating the illegal imposition of a sanction.

Appealing the seizure of a plot in court

A complaint against arrest is an inalienable right of the debtor. You can complain in cases where FSSP employees do not comply with the following provisions of the law:

Bailiffs can only be located on the territory of real estate that is in the possession of the debtor;
an inventory of property is permitted only on the basis of a written instruction from a superior FSSP employee;
enforcement actions cannot be carried out at night and on weekends.

Their violation can be used as a basis for appealing the actions of bailiffs and the unlawful use of arrest in accordance with Article 442 of the Code of Civil Procedure of the Russian Federation.

Sources

https://centersoveta.ru/yurlikbez/arest-zemelnogo-uchastka-razbiraemsya-s-problemoj/
https://pravorf24.ru/zemelnoe-pravo/nalozhili-arest-na-zemlyu/
https://ukaz.wiki/nedvizhimost/kak-uznat-nalozhen-li-arest
https://rosreestr.online/proverit_uchastok
https://rosreestr.info/kak-proverit-uchastok
https://prozhivem.com/zemlya/drugoe_/uznat-arest-na-uchastok.html
https://lawdelov.ru/kak-proverit-zemlju-na-arest.html

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How to check whether a land plot has been seized? (video)

When can land be seized?

I advise you not to check whether the site is under arrest on the Rosreestr website . Why? The Unified State Register maintains and replenishes the Rosreestr. Rosreestr either does not always update free (reference) information from the Unified State Register on its website or uploads it incorrectly. In the USRN itself, the information is correct and up-to-date, only the information on the website is “lame”. Plus the data is not always complete. It often happens that the inscription “Other restrictions (encumbrances)” is shown. This inscription may mean that the property is either under arrest or pledged to the bank due to a mortgage, etc. All this also applies to other free services; they take the same data from the Rosreestr website and display it on their own.

The judicial authority will make a decision on the basis of which the second spouse will be able to register separate ownership of half of the land. Seizure of a debtor's land plot by bailiffs is not a rare occurrence. This unpleasant fact does not indicate an irretrievable loss of property, although it temporarily limits the right to dispose of it.

Therefore, non-exempt land cannot be given away, sold, or otherwise disposed of. Find out more about what a real estate lien is. Seizure of property is carried out only in cases specified by law. And since it, as a rule, is an interim measure, the decision to impose it is made by the court. Seizure of a land plot by court decision is made during the trial to identify the owner of the plot.

How to lift an arrest: features of the procedure

Removing the seizure of a land plot begins with filing an application with the judicial authority. To save time and money, you need to consider a number of conditions:

The appeal is issued in the form of a statement of claim.
The claim is filed by the owner-debtor, other shared owners of the plot or representatives by notarized power of attorney.
The application contains the basis for lifting the arrest: confirmation of repayment of the debt, and so on.
The requirement is supported by evidence:
court decision on arrest (determination - if there was an arrest of the land plot by court decision, by a bailiff’s decision);
debt payment receipts and other documents.
The consideration of the case is accompanied by the payment of a state fee. Its size is determined by the cadastral value of the site.
The statement of claim and attached documents are submitted to the court in person or by registered mail with acknowledgment of receipt.

The court decision that has entered into force is transferred to the authorized body. As a rule, this body is the Federal Bailiff Service (FSSP). No more than 3 days later, the FSSP is obliged to send a copy of the document on the lifting of the arrest to Rosreestr.

What can bailiffs do?

The bailiff is obliged to fulfill the requirements of the writ of execution within two months. But in practice, it is not always possible to meet this deadline. If the debtor is a functioning legal entity with money in bank accounts, the situation is simple. But in other cases, it is very difficult to find the entire amount of debt from the debtor for two months.

How to delay a bailiff's visit

First of all, the bailiff is interested in money, because it can be used immediately after withdrawal. When the debtor does not have Russian rubles, the bailiff looks for bank accounts in foreign currency and precious metals. If there is no money in the accounts, the bailiff will carry out the court decision in a long way: search, seize and sell the property.

Furthermore, in accordance with Art. 79 of the Federal Law “On Enforcement Proceedings”, bailiffs cannot seize a plot if the debtor’s only home is located on it (an exception is possible only in cases where mortgaged property is involved).

Initiating enforcement proceedings against the owner (for example, if you have a debt for alimony, be prepared for the fact that the FSSP may seize your real estate);
The emergence of a dispute about the ownership of a land plot (in this case, an arrest may be imposed if there are fears that the land plot will be alienated before a court decision is made);
Formation of tax debts (debt to the Federal Tax Service can also cause the seizure of your land plot).

Who can seize a plot of land?

The decision to seize the land plot was made erroneously (for example, the plot does not belong to the debtor, but to his namesake);
The grounds for arresting the land plot have disappeared (for example, the debtor has paid his obligations and paid his debts).

8.1. Good day. Yes, bailiffs can seize the right to lease a land plot. Federal Law of October 2, 2007 N 229-FZ (as amended on December 28, 2020) “On Enforcement Proceedings” Article 68. Compulsory enforcement measures

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1. The right of ownership and other real rights to immovable things, restrictions on these rights, their emergence, transfer and termination are subject to state registration in the unified state register by the bodies carrying out state registration of rights to real estate and transactions with it. The following are subject to registration: the right of ownership, the right of economic management, the right of operational management, the right of lifelong inheritable possession, the right of permanent use, mortgage, easements, as well as other rights in cases provided for by this Code and other laws.

Advice from lawyers:

A pledge is not a basis for prohibiting the imposition of any arrests/restrictions by supervisory and judicial authorities, but the pledge holder has a preferential right to satisfy his claims over third parties. My colleague's answer above is incorrect.

In its ruling (case No. 78-KG15-42), the board indicates that arrest as an enforcement action can be imposed by a bailiff “in order to ensure the execution of a court decision containing demands for property penalties” (Clause 7, Part 1, Art. 64 and part 1 of article 80 of the law on enforcement proceedings).

Experts interviewed by Pravo.ru support this point of view. “We should agree with the position of the RF Armed Forces,” says Pavel Khlustov, partner at the Barshchevsky and Partners Bar Association . — In this case, the arrest was imposed not for the purpose of foreclosure on the property, but in order to prevent the debtor from alienating the apartment. In such a situation, the seized property is not subject to forced sale in order to satisfy the creditor’s claims, but only creates the prerequisites for the debtor not to alienate it in bad faith or encumber it with the rights of third parties.” The lawyer finds that this decision will form the basis of new judicial practice. “It is very good that the RF Armed Forces recognized this line and resolved the case correctly. This precedent is intended to reverse the practice of lower courts, which usually recognize such arrests as illegal,” Khlustov clarifies.

The Plenum explained differently

Three judges of the Collegium for Civil Cases: Vladimir Khamenkov, Elena Gorchakova and Lyudmila Kalinina - considered the acts of the lower courts to be “incorrect and subject to cancellation”, since their conclusions are based “on an incorrect interpretation of the norms of substantive law.”

Having checked the validity of the arguments set out in the application and the speech of the representatives of the parties present at the court hearing, the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation came to the conclusion that the management’s application must be satisfied due to the following.

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We will find out for ourselves about the existence of an encumbrance on a land plot online

We do not have case law; the courts are guided only by laws and regulations.
Website development - Web Studio 73. It is not necessary to fill it out, but it will help us answer your question faster and more accurately.
Get a ruling If the court rules on your side, a copy of the court decision will be sent to Rosreestr and the FSSP, and you will be issued a new certificate of renewal of property rights.
To do this, the creditor must first go to court and obtain the appropriate court decision.

Land donation agreement

Photo: checking debt on the FSSP website If, after entering the data, the system showed no information, then there are no arrests, and if there is no specific case on the list, then restrictions on the use of the car have been lifted. If the decision was made positively, but the arrest is still listed in the system, then you need to either wait another day or two, or contact the bailiffs for clarification. This is the surest way to determine whether the lien remains on the property or whether it has been removed. Moreover, it is free, and the verification procedure takes place in a matter of seconds and does not even require registration.

This video is unavailable

The Office of the Federal Bailiff Service reports that auctions of seized property will be held on July 16 and 17. Applications for participation in the auction are accepted until the end of this week. Seizure of property is the initial stage of debt collection by bailiffs. Most often it is applied to large and liquid assets, such as a car, apartment or land.

We invite you to familiarize yourself with the Pledge of the right to lease a land plot: sample agreement

However, if the debtor is naked as a falcon, the bailiffs are forced to pay attention to unusual objects. For example, in Karelia, 58 thousand jars of jam were seized from a debtor company. Very often, domestic animals come under the radar of bailiffs. Thus, in Tomsk, the object of interest of the servants of the law was a herd of cows numbering one thousand two hundred heads, and in the Magadan region - a pair of decorative rabbits.

Sometimes bailiffs take very unusual things for debts. In Kirov, an entrepreneur had to part with a portrait of Russian Prime Minister Dmitry Medvedev. And in Novokuznetsk, 30 teddy bears were confiscated from a would-be businessman. Who makes the decision about such unusual arrests and what the law says about this.

Seizure of spouse's property acquired during marriage

If the bailiff clearly violates the law by describing property that cannot be seized, then first of all you need to call the police to certify the fact of the offense and contact the relevant services with this report.
During the inventory of property that does not belong to the defendant-debtor, the owner may apply to the courts with a claim to release his legal property from seizure. In this case, the victim has the right to demand compensation for losses.

The hereditary house, like any other property received by one of the spouses during marriage through gratuitous transactions, such as privatization and donation, as well as by inheritance, is the sole property of the spouse in whose name it is recorded. However, not everything is as simple as it seems at first sight. The fact is that a loan taken by one of the spouses in a marriage is also common. Accordingly, if you cannot prove that you did not give your spouse consent to receive it, and also that the money was spent not for the needs of the family, but for individual purposes by your spouse, then you will be jointly and severally liable for these debts.