Privatized apartment for three in equal shares: the rights of each family member

How is a privatized apartment divided by inheritance and will?

Is it possible to sell 1/6 of your share of the apartment if one of the owners of the other 1/6 has died and has not yet entered into inheritance rights? This includes personal, gifted or privatized property. The concept of joint property of spouses is not used here. The object is inherited in accordance with the will of the deceased.

The transition from one category of heirs to another occurs if there is not a single legal representative left from the previous group or they were deprived of the right to inherit by a court decision. The privatized apartment is divided in equal shares between all applicants.

When registering an inheritance after the death of a husband, you should clarify in whose name the residential property was registered. Residential property acquired during marriage will be joint property.

Thus, the primary heirs are the husband or wife, children, and parents. If they agree to inherit, the property of the deceased is divided equally between them.

What rights do owners have?

So, your property has been privatized for three or more people. After the preparation of all the documents has come to an end, it is necessary to figure out what the owners can do with their shares. They have the right to do the following with their part of the living space:

bequeath;
sell;
use as collateral in a bank;
give in whole or in part as a gift to another person;
to rent;
reschedule.

Most of the real estate in Russia is privatized in equal shares between relatives. In this case, the personal account is not divided, since the responsibility for paying for utilities is decided within the family. If necessary, you can divide utility bills among all residents and receive several receipts for each share holder. This is necessary if agreement between the owners has not been reached, and one of them refuses to pay bills or delays the payment of funds.

The easiest way is to register communal living space as private property, since each share has a room, which the BTI considers to be independent objects. In this case, the division of the personal account occurs immediately, since in most cases, people who are strangers to each other live in such apartments.

Division of a privatized apartment after the death of the owner

I want to sell 1/4 of the common ownership of a 4-apartment residential building, while 2 owners are ready to write a refusal to purchase, and 1 - the deceased is considered the owner and no one has entered into the inheritance for more than 6 months? How to proceed?

If there is no documentation confirming the relationship, it should be restored through the archives, or the existence of family relationships should be recognized through the courts.

After the death of parents

A common occurrence is the division of privatized real estate after the death of parents. However, here the situation is the same as in the case of the death of the owner, which was discussed above. Among the priority applicants for inheritance are the children and parents of deceased owners.

The privatized apartment is divided between applicants in two ways - peacefully pre-trial and through the courts. The inability to resolve the problem by amicable agreement between the heirs leads to litigation. In the latter case, forced departure and buyout of the share is unacceptable. In relation to a privatized one-room apartment, the principle of division into shares can be applied; allocation in kind is impossible.

Terms of inheritance

The total period for entering into inheritance is 6 months from the date of death of the testator. During this time, each potential heir collects the necessary documents, including documents related to the privatized apartment. After a six-month period, the notary issues a certificate of title to the property.

The six-month period is extended if the inheritance was received after the refusal of another applicant. The extension in this case is 6 months, after rejecting the offer to enter into the right to partition the privatized apartment.

If the deadline for entering into inherited property has been missed, it can be restored through the courts. The reason for such an offense must be valid:

the heir was not informed of the inheritance received;
the presence of extenuating circumstances - serious illness, stay in another country for a long period.

The period is restored for a similar six-month period after receiving news of the inheritance or the termination of the circumstances that prevented the completion of this procedure.

Features of the pledge if the apartment is privatized in equal shares

This question may often interest owners. When applying for a loan, many credit institutions require additional guarantees. Individual ownership of part of the apartment can be pledged upon receipt of an inheritance, divorce of spouses, as well as for business development.

The law does not tie the share to any part of the apartment, with the exception of communal apartments. At the same time, the market price of the share can be assigned. But getting a loan with collateral for such property will be very difficult.

It will be easiest if you need money to buy the rest of the same apartment. The banking organization will then be willing to provide credit, as opposed to trying to obtain it for other purposes. In this case, you need to do the following:

evaluate real estate;
collect all the papers;
formalize the alienation transaction;
conclude an insurance contract.

Questions may mainly arise regarding alienation. Therefore, the object must be indicated in square meters, and also have a cadastral plan. A banking organization may require the following documents:

title document for the property;
appraisal papers;
information about all persons who are registered in the living space;
photo.

To receive credit funds, it is necessary that the income is at least half the cost of the payment, and that there are no registered minors or incapacitated citizens in the living space.

Is shared ownership beneficial?

It is also worth knowing: what is shared privatization of an apartment, the pros and cons of such a process.

A problematic issue is the general privatization of an apartment, the residents of which do not have a unanimous opinion regarding the future owner of the property.

For example, children cannot decide the fate of the living space inherited from their parents where they are registered.

The apartment is a single property complex.

And it is impossible to privatize it piecemeal. As a result, the housing will be in shared ownership of all family members who were registered in it.

Of course, it will be possible to divide the apartment into parts, assigning, if possible, certain rooms to each of the owners. But in such a situation, privatization loses its main advantages.

Other owners will not allow you to dispose of the entire property, and it will be very difficult to sell one room. People are simply not ready to pay a lot of money for real estate and live, in fact, in a communal apartment, which the state has been trying to get rid of for so many decades.

Owning part of a residential property will not provide, in fact, any advantages for the owners, except for increased, albeit slightly, costs.

In this case, it is best to wait. One of the relatives may move, get discharged, or buy their own home. Children may appear in the family, which will make it possible to apply for a larger apartment.

Next you will find out: what is a privatized apartment, what does this process mean for large families? And why is it not beneficial for such citizens?

Another case when people should postpone privatization is when a large family is living in a state apartment.

Such families, as is known, are under special care of the state, and very rarely have free funds.

Is it profitable to privatize an apartment for a large family? No, an increase in the cost of living for parents with many children can be a serious blow to the budget.

In addition, you can always claim to improve your living conditions by obtaining a new state apartment to replace the old one, where the number of square meters per person no longer meets the standards.

To whom is it better to privatize an apartment? The best option is for all family members, allocating specific shares to each. This argument has its own justification. The fact is that in the event of a divorce of spouses, as well as division of property in the event of a break in the family, everyone will get their own piece of the pie - a share of real estate.

If the desire arises “I want to privatize the apartment for myself,” i.e. on one person, then it will then be very problematic to prove the involvement of others in the property, as well as to divide it equally and without offense.

However, only you can decide how exactly the property will be privatized, and how you would like to see this procedure carried out.

Is it necessary to privatize real estate for all registered residents?

Reasons

There is no need to privatize living space for all residents, but it is better to do this if there are children in the family. There will be no problems with the partition in the future.

The basis for privatization is the following features.

Firstly, this is long-term residence under a social rental agreement in a specific area. Secondly, this is the collection of all the necessary papers to carry out the procedure.

Thirdly, this is permission from municipal authorities to transfer living space into personal ownership.

The apartment is privatized for three people, one dies

The apartment is privatized for two people, one owner died 9 years ago, there are relatives who did not take part in the funeral, they do not apply for housing, but the notary refuses to copy the documents to the second owner.

I heard that after 10 years after the death of one of the owners, it is possible to automatically transfer the apartment to yourself. Is it possible? How can the second owner now register ownership of himself? It is unknown where his relatives live and are.

When it comes to municipal real estate

Such apartments are owned by the municipality and are transferred to citizens under a social rental agreement. The person specified in the contract, who has entered into a social tenancy agreement with the local administration, receives the title of copyright holder, but not the owner. In the language of legal terminology, he is called a responsible tenant, with consequent powers that are not identical to ownership.

We invite you to familiarize yourself with the transfer of land from lease to ownership in 2020

A responsible tenant has the right to delegate responsible management for the maintenance of the apartment to all residents, but does not have priority over members of his family who moved into the apartment with him or those born after the conclusion of the contract. Therefore, the privatization procedure is led by the municipality, and not by the person for whom the contract is drawn up. As we see, a person living in an apartment that is not privatized is very deprived of rights to it

Who will get the privatized apartment after the death of the owner?

In this case, persons entitled to an obligatory share in the inheritance can challenge the heir's right: minor or disabled children of the testator; parents, if they are pensioners or disabled; former spouse who was dependent on the testator.

You are the only owner. You have a notarized waiver of your spouse's right to property. This means that in the event of God forbid the death of your spouse, none of his relatives can lay claim to the property. The most they can try to do is challenge the notarized refusal.

So, for example, three brothers can be co-owners of a privatized apartment. In the event of the death of one of them, 1/3 of the share will be inherited not by the two brothers-co-owners of the apartment (who are representatives of the second line of heirs), but by the primary heirs of the deceased - wife, children, parents.

The state has provided every resident of our country with the opportunity to register a state or municipal apartment once free of charge. Most people have already successfully taken advantage of this right, turning from simple tenants into full-fledged owners of their homes. Most often these are entire families living together in one apartment.

Thus, after privatization is completed, the owner of the apartment becomes the person who lives in it and who applied for the transfer of the occupied space to him.

My husband and I bought an apartment together. I am the only owner, he gave notarized consent. We don't have children. In order for only me to inherit this apartment after his death, does he need to draw up a will in my name, because he has adult children from his first marriage who will also lay claim to it?

Tell me what should I do so that my share goes to my son? - Tell me what to do so that my share goes to my son.

Legislation

Frequently Asked Questions In practice, questions are often asked about the timing of inheritance and the procedure for obtaining an apartment after the death of the husband. More detailed information about this is provided below. Inheritance of the husband's apartment After the death of the husband, the apartment is inherited by law in the order of priority.

The first in line in this case will be the children, spouse or parents. Inheritance of property will occur in equal shares. Deadlines for entering into inheritance The heir must enter into the right of inheritance no later than six months from the date of death of the testator. This rule is regulated by Article 1154 of the Civil Code of the Russian Federation.

In this case, it will not matter how the inheritance will be transferred - by law or by will.

He has two more childrenread answers (3) The privatized apartment had two owners - a former husband and wife. One of them (the husband) died. He has no heirs either by law or by will, read the answers (1) If one of the three owners of the apartment died without leaving a will, how will his share be distributed? Privatization took place before 1998.

read answers (4) There are two owners in the apartment, one of whom has died, when do you need to inform the housing office about his death? read answers (2) There are two owners in the apartment, one of whom has died, when do you need to inform the housing office about his death? Thank you. read answers (2) Three years ago my husband, one of the owners of the apartment, died. I am the second owner.

His share was not re-registered.

After the death of the owner, the apartment will be inherited by his relatives or a complete stranger.

Attention

In this case, everything depends on how the order of inheritance is carried out. If a will has been drawn up, the owner can name any person, even a stranger, as an heir.

Heirs receive real estate in the following order:

The first priority includes children, father and mother, husband and wife;
Secondly include grandparents, sisters and brothers;
The third line includes aunts and uncles;
The fourth stage includes great-grandparents;
The fifth line includes great-aunts, grandfathers, grandchildren and granddaughters;
The sixth stage includes cousins, uncles, nephews, nieces, great-grandmothers, great-grandfathers;
The seventh line includes stepdaughters, stepsons, stepmother and stepfather.

Every citizen has the right to formalize the renunciation of his inherited property or transfer it to another heir. But if, refusing the inheritance, he formalizes the refusal in a notary’s office, this decision cannot be canceled.

Magazine room

According to the new Civil Code of the Russian Federation, eight lines of heirs can be called upon to inherit by law. Heirs of the next line are called to inherit only in the absence of heirs of the previous line or if they do not accept the inheritance - or in the case when all the heirs of the previous line are deprived by the testator of the right to inherit [1].

The issue of inheritance of residential premises owned by several persons under the right of common ownership is resolved separately. The heir under the will is not included in the circle of close relatives, as a result of which the state body does not issue him a death certificate. Question: if there is no death certificate, how can a notary open an inheritance case?

And is a death certificate the basis for opening an inheritance case? Where is it written that the alienation of real estate inherited by a non-resident must be alienated within 3 months? In paragraph

Good afternoon, help me understand my question, thanks in advance.

Our apartment is privatized for my grandmother and two grandchildren, 1/3 each, and my mother is also registered in this apartment; she did not participate in the privatization. Grandma died, what to do with her part, the apartment and where and when to go to decorate this part of the apartment. Grandma has no one but us.

Hello, Natalia! if your mother is the daughter of your grandmother, then, by law, she is the heir in the first place. Within 6 months from the moment your grandmother died, your mother should contact a notary at the place where the inheritance was opened, i.e. at the location of the apartment.

If your mother is not the daughter of your grandmother, then your grandchildren will inherit your grandmother’s share by right of representation in equal shares. In this case, they should also contact the notary at the location of the apartment with an application to accept the inheritance.

If any difficulties arise, I can help you represent your interests with a notary. My phone number is 8-927-133-6211.

In order for the disputed apartment to be included in the estate, it is necessary to prove (in court) that your father during his lifetime expressed his will to acquire ownership of this apartment through privatization.

“if the citizen who submitted the application for privatization and the necessary documents for this died before the execution of the contract for the transfer of residential premises into ownership or before the state registration of property rights, then in the event of a dispute regarding the inclusion of this residential premises or part of it in the inheritance estate, it is necessary to have in view that this circumstance in itself cannot serve as a basis for refusing to satisfy the heir’s claim if the testator, having expressed his will during his lifetime to privatize the occupied residential premises, did not withdraw his application, since for reasons beyond his control he was deprived of the opportunity to comply with all rules for processing documents for privatization, which he could not be denied.

The Civil Code identifies eight inheritance lines. The basis is the principle of succession of each subsequent queue, when there are no applicants in the previous one. This happens in the event of their absence or deprivation of the opportunity to act as legal successors, as well as in the case of refusal to accept the inheritance.

As a general rule, property is registered as ownership in equal parts. The order depends on the degree of relationship. The first includes the husband/wife, children (natural and adopted) and parents of the deceased. To classify a spouse into this category, it is necessary to have an officially registered relationship valid until the day of death.

Otherwise, it is considered that the joint property was divided during the divorce. The next line includes the testator’s sisters and brothers, his grandparents (we are talking about grandparents).

The rest are arranged according to the degree of remoteness of relationship. Thus, the seventh group consists of citizens who are not related to the deceased by blood ties (stepdaughters or stepsons). Inheritance of a share in an apartment by legal successors occurs according to general rules, that is, in equal parts.

Inheritance of a share in a privatized apartment occurs according to established rules. The deceased's share is divided in equal parts among the remaining participants in the common property. Nuances in the succession process may arise in the presence of a marriage relationship.

So, if an apartment was privatized by both spouses, it is in joint ownership. According to legal norms, the marital share of property is half of the joint property. Regardless of the presence or absence of a will, the husband/wife will receive their share upon succession.

If the testator, during his lifetime, in a formalized will, transferred to someone a jointly owned share that belonged to the other half, then this clause of the will is void. Provided that the property was privatized before marriage, the spouse inherits on a general basis, that is, the shares are divided in equal parts among the remaining legal successors.

However, one should take into account the fact that the rules of privatization in Russia changed several times, for example, at one of the time periods there was a provision according to which living space was transferred free of charge to citizens in an amount not exceeding the established norms, and square meters in excess of the limit were subject to redemption.

Citizen V.N. appealed to the court. Avdeeva. In the statement of claim, she asked to recognize the disputed living space as joint property and to increase the size of her share in the privatized apartment left after the death of her husband G.G. Avdeeva to 2/3.

G.G. Avdeev privatized housing for himself while he was legally married.
According to the current regulations, square meters exceeding the established standards were purchased from the municipality at the expense of the spouses’ common funds.

G.G.’s daughter objected to this. Avdeeva, A.A. Lyapnigov. The latter explained that her father lived in the apartment under a social security agreement. rented before marriage, after marriage he privatized housing in his name and received a certificate of ownership.

Since privatization implies the gratuitous transfer of property, citizen Avdeeva is not a participant in joint ownership. The amount paid for excess living space is not comparable to the price for square meters transferred free of charge.

However, the court agreed with the arguments of V.N. Avdeeva and satisfied the claim in full, since square meters in excess of the established limit were acquired at the expense of the spouses’ common funds and, accordingly, belong to jointly acquired property.

Who has the right

The apartment is privatized for two people in equal shares, one dies, what should I do?

The apartment was privatized for two, him and his younger brother. read answers (1) Topic: Housing issue The apartment was privatized for two, me and my mother. My 5-year-old son is also registered with me. My mother is categorically against me living in this apartmentread answers (1) Topic: DivorceI want to get a divorce quickly and by mutual consent: “my husband said that I will get a divorce and consent only by signing over my part of the apartment to himread answers (1) Topic: Housing issue How The apartment is divided in joint ownership. At the time of privatization, there were three people living (one minor child) read answers (1) Topic: Housing issue Please.

The apartment is privatized for two, one dies, did not enter into inheritance

The apartment is privatized for two, for an adult and a minor, that is, in half, 3 minor children and three are registered in it. Read answers (3) The apartment is privatized for two parents, four are registered, parents and two children. After the death of the parents, what needs to be done to take over the rights of the owner? read the answers (2) What is the best way to register, and most importantly cheaper (including expenses at the notary, every penny is important.) The apartment is privatized for two, 1/2 share read the answers ( 2) Topic: Privatization of housing Please tell me the apartment has been privatized for me and my brother. If my brother registers his wife, then when the apartment is sold, it will be divided into two or three? read answers (4) Topic: Privatization of housing Please tell me the apartment has been privatized between me and my brother.

The procedure for inheriting a privatized apartment after the death of a husband

When collecting the necessary documentation, you should keep in mind in advance what rights the spouse of the deceased testator has. Within six months after the second half has passed away, it is necessary to submit an application to the notary confirming the desire to accept the inheritance.

Before visiting a notary's office, it is recommended to consult a lawyer competent in this matter. The notary fee for registering the property of the deceased will be calculated taking into account the cadastral value of the property belonging to the deceased.

Definition of shares

It often happens that the heirs of the deceased are several persons at once, and at the same time there is no possibility of distributing the shares due to them.

In this situation, it is advisable to visit a lawyer who specializes in this issue, who will help resolve the issue of division of the apartment and agreement on the division of inherited property.

If the heirs of the deceased cannot reach an agreement on the division of the testator’s property, then in this case the issue can only be resolved in court.