How to get a share in a privatized apartment

What is the spousal share in marital property?

People living in legally registered relationships acquire various things and objects that are considered their common property. Otherwise, it is possible if a marriage contract was concluded, which determined a different order of ownership.

How to establish whether any objects and things are the joint property of spouses is written in Art. 34 RF IC. According to this document, jointly acquired property is considered:

cars, apartments, rooms, houses, land plots and other movable and immovable property that appeared in the family while people were married;
any income received in the course of employment, intellectual work or entrepreneurial activity;
money received in the form of fees, pensions and other payments that are not of a social nature to help the sick, disabled and privileged categories of citizens;
shares, shares, other securities and deposits, regardless of who they are registered with and who contributed money for them.

According to the Family and Civil Codes, all this has a legal regime for the property of the spouses and they share it all equally, that is, each of the marriage partners has the right to ½ share of the available property.

An exception to this rule is property acquired by one of them before entering into a marriage, as well as during cohabitation by gift or inheritance, including other gratuitous transactions. The personal property of each spouse also includes clothing, shoes or personal items (this does not apply to jewelry and other luxury items).

The same exception may be a share in the inheritance of a privatized apartment if the documents are issued in the name of the deceased and the privatization was free, since this is considered a gratuitous transaction. In this case, it is necessary to file a claim to determine the spousal share of the inheritance.

When one of the people in a family relationship dies, all property, which may include the spouse's share in the inheritance, in accordance with Art. 1150 of the Civil Code of the Russian Federation, can be divided as follows:

Based on the legal regime of marital property. The surviving marital partner has all rights to the obligatory marital share, which is half of all property acquired jointly during the family relationship.
In addition, he has the right to a share of the remaining funds, both tangible and intangible.
It consists of the share of the deceased marital partner in the joint property, in accordance with Art.

The procedure for allocating a mandatory share

In Art. 75 of the Fundamentals of the Legislation of the Russian Federation on notaries describes the grounds and procedure for the applicant and the notary to establish the spousal share in the inheritance in the presence of a will, if one of the marriage partners has died, and also determines the procedure for allocating the obligatory spousal share in this inheritance to which the person is entitled. surviving spouse.

Details of inheritance of a privatized apartment

A person should know about this when contacting a lawyer. Any excuses from fulfilling this responsibility are a violation of the legal rights of the applicant.

Russian legislation clearly outlines how the marital share is allocated. The surviving spouse must contact a notary at the place where the inheritance was opened. The following documents are attached to the written application:

official death document to establish the fact and date of death;
marriage certificate, as confirmation of marital relations with the deceased;
documents establishing rights to property to confirm that it was acquired during the period of cohabitation (if there are no such documents, then in the absence of objections from other heirs, a certificate can be issued on the basis of a written application);
evidence of the absence of a marriage contract, this must be recorded in the application;
if there are minor children, the consent of the guardianship authorities is required.

Before registering the spousal share in the inheritance, the notary examines the application and submitted documents, and then issues a certificate confirming the ownership of the spousal share in the common property that was acquired by the husband and wife during the family relationship.

Typically this share is ½ of the total available property. Other heirs are notified of the issuance of this document. If they disagree with it, they can appeal it in court.

When drawing up a certificate, the notary, having examined the funds available, allocates the share of the person who died. This is especially true if everything is registered to the surviving spouse. This share is divided among the heirs, who must go to court.

If the deceased spouse, when drawing up a will, excluded the share of his marital partner, then such a will can be challenged in court, regarding the allocation of the marital share. If the surviving marriage partner has previously documented his share in the assets of the deceased, then this share is not included in the divisible inheritance.

According to established practice, the allocation of a spousal share in the inheritance is possible:

by agreement of the parties;
By the tribunal's decision.

If a renunciation of the spousal share in the inheritance is made, everything is formalized as a transaction, Art. 153 Civil Code of the Russian Federation.

In what cases is it possible to refuse a spousal share of an inheritance?

The usual practice of relations between the parties in inheritance suggests that when allocating the marital share, the property of the marriage partners is divided equally. However, there are exceptions to this rule.

The first is due to the presence of minor children by the surviving spouse.

The second exception is related to Art. 1117 of the Civil Code of the Russian Federation “Unworthy heirs”. According to the requirements of this article, the surviving spouse can be recognized as an unworthy heir and excluded from inheritance in the following cases:

if he was involved in illegal actions aimed at harming the interests of the heirs or illegal actions in relation to the testator;
if the survivor maliciously evaded the responsibility to support the testator (Article 89 of the RF IC), or had no income for an unexcused reason, and also spent the common property of the spouses to the detriment of the family.

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In the life of every married couple, a tragic moment may come when one of the marriage partners dies. In addition to the emotional distress associated with the loss of a loved one, at this time problems often arise with the property rights of the surviving spouse in relation to joint property and the determination of the spousal share in the inheritance.

Is it possible to return a share of an apartment inherited after registering a relinquishment of it?

Hello, we have the following problem: my husband’s father died when he was a minor, his share was 1/2, after he came of age, out of his gullibility and at the insistence of his stepmother, he abandoned his father’s share. she promised to buy him an apartment in the future, but this did not happen. Is it possible to return the father’s share, which he refused out of trust.

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In this case, there are no grounds for recognizing the transaction as invalid unless you prove that the gift transaction was made by the husband in a state where he was not able to understand the meaning of his actions or manage them, and also if the transaction was made under the influence of a significant misconception.

What is the spousal share in marital property?

How to establish whether any objects and things are the joint property of spouses is written in Art. 34 RF IC. According to this document, jointly acquired property is considered:

cars, apartments, rooms, houses, land plots and other movable and immovable property that appeared in the family while people were married;
any income received in the course of employment, intellectual work or entrepreneurial activity;
money received in the form of fees, pensions and other payments that are not of a social nature to help the sick, disabled and privileged categories of citizens;
shares, shares, other securities and deposits, regardless of who they are registered with and who contributed money for them.

The right to a spousal share in a privatized apartment

In this case, it is necessary to file a claim to determine the spousal share of the inheritance.

I gave it as a gift and changed my mind: how not to be late? Challenging and canceling a donation agreement for a share in an apartment

Also, the unreasonable grievances of the previous owner of the square meters are not taken into account - for example, he did not like that the recipient sold his part. The initiator of the claim does not have the right to prohibit the new owner from taking legal actions with the living space.

How to cancel a deal? The initiator files a claim in a court of general jurisdiction at the location of the property. The number of copies is based on the number of participants in the proceedings. The claim must contain:

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The procedure for allocating a mandatory share

Filing an application for the allocation of a marital share in an inheritance when applying to a notary is the legal right of the surviving marital partner. Registration of such a right is the responsibility of a notary. A person should know about this when contacting a lawyer. Any excuses from fulfilling this responsibility are a violation of the legal rights of the applicant.

official death document to establish the fact and date of death;
marriage certificate, as confirmation of marital relations with the deceased;
documents establishing rights to property to confirm that it was acquired during the period of cohabitation (if there are no such documents, then in the absence of objections from other heirs, a certificate can be issued on the basis of a written application);
evidence of the absence of a marriage contract, this must be recorded in the application;
if there are minor children, the consent of the guardianship authorities is required.

Typically this share is ½ of the total available property. Other heirs are notified of the issuance of this document. If they disagree with it, they can appeal it in court.

According to established practice, the allocation of a spousal share in the inheritance is possible:

by agreement of the parties;
By the tribunal's decision.

If a renunciation of the spousal share in the inheritance is made, everything is formalized as a transaction, Art. 153 Civil Code of the Russian Federation.

How can I get my share in a private house back?

Good evening! My mother lives in the countryside in a private house.

The house was built jointly with my parents in 1966.

The parents had been married together for 50 years.

The parents have 3 children: 2 daughters and a son (all are already adults, living separately). 6 years ago, my mother (already an elderly woman) renounced her share in this house, signing all the relevant papers, without fully understanding it herself. The entire refusal procedure took place before a notary. Now my mother says that before signing the papers, the notary asked her: you won’t regret it later, grandma.

And my father said that he built 2 houses, and will build a third (they built one house for themselves, the other for my brother, i.e.

to his son). After that, the entire share of the house (100%) passed to the father and the father sold the house to his granddaughter (son's daughter).

Mom didn’t even know anything about selling the house.

The granddaughter carried out this operation of buying a house in order to cash out the money allocated at that time to the young family. She never gave this money to my father, she simply did not use it for its intended purpose: basically, she paid off her overdue loans and lived on this money for some time, because...

Neither she nor her husband worked anywhere; they still had a small child.

My father died 5 years ago. Now this granddaughter and my brother are kicking my mother out of this house. My mom is panicking. I have a question: is it possible to return my share to my mother, i.e. cancel all these operations? The granddaughter never lived in this parental home for a single day. My brother (her father) built them a separate house. 02 March 2020, 23:26, question No. 1166842 Razilya,

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Hello, unfortunately, in this situation it is not possible to return ownership of your mother’s house, because... she voluntarily disposed of her share, and all the deadlines for a possible challenge to the transaction have already expired.

Now this granddaughter and my brother are kicking my mother out of this house. Razilya If my mother is registered at the place of residence in the house, then their actions are not legal, and if not, then, alas, the only way out is to peacefully negotiate with the new owners of the house about the possibility of her living or buy the house back. March 03, 2020, 00:20 0 0 All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price. Similar questions July 16, 2020, 10:04, question No. 1316312 January 15, 2020, 2:25 p.m., question No. 1101074 August 19, 2014, 10:28, question No. 533915 July 20, 2016, 1:42 p.m., question No. 1320583 April 28, 20 20, 21:25, question No. 822175 See also

In what cases is it possible to refuse a spousal share of an inheritance?

The first is due to the presence of minor children by the surviving spouse.

if he was involved in illegal actions aimed at harming the interests of the heirs or illegal actions in relation to the testator;
if the survivor maliciously evaded the responsibility to support the testator (Article 89 of the RF IC), or had no income for an unexcused reason, and also spent the common property of the spouses to the detriment of the family.

Support in donating an apartment to a spouse, allocating a marital share: agreement, state registration

How to return a gifted share in an apartment?

In case of intentional deprivation of life of the donor, the right to demand in court the cancellation of the donation belongs to his heirs.

2. The donor has the right through the court to demand the cancellation of the donation if the donee’s handling of the donated item, which is of great non-property value to the donor, creates a threat of its irretrievable loss. 3. The court may cancel a donation made by an individual entrepreneur or a legal entity in violation of the provisions of the law on insolvency (bankruptcy) at the expense of funds related to his business activities within six months preceding the declaration of such a person as bankrupt.

4. The gift agreement may stipulate the donor’s right to cancel the donation if he outlives the donee (Article 578 of the Civil Code of the Russian Federation). In case of cancellation of the donation, the donee is obliged to return the donated item if it was preserved in kind at the time of cancellation of the donation.

Refusal to execute a gift agreement and cancellation of a gift do not apply to ordinary gifts of small value - not higher than 5 minimum wages (Article 579 of the Civil Code of the Russian Federation)

Spousal share in a privatized apartment

As well as all property received under any types of transactions before marriage.

An apartment is considered jointly owned if it was acquired as a result of a purchase during the existence of a marriage. And it doesn’t matter which spouse the apartment is registered to - both spouses have the same rights to it, unless otherwise proven - for example, not stated in the marriage contract.

Difficulty in executing transactions between spouses is due to the fact that the law requires the consent of one spouse to a transaction by the other spouse. The spouse's consent is formalized by a notary.

Donation of an apartment (jointly owned property) to a spouse

There is a legal conflict: on the one hand, there is no direct restriction on transactions between spouses, on the other hand, a participant in a transaction cannot legally represent both parties to this transaction at the same time.

The spouse, being the acquiring party in a transaction (no matter a gift or sale), is at the same time forced to represent the other party, because must give consent to the transaction to this party.

In such a situation, there are two options:

preliminary allocation of the marital share in the name of the recipient spouse and subsequent donation of the remaining share for the apartment;
conclusion of a marriage contract.

Allocation of the spousal share in a jointly owned apartment

As a result of the allocation of the spousal share, ownership of the apartment under the relevant agreement will be registered in equal shares between the spouses.

Equal shares in the ownership of the apartment in this way are the personal property of each spouse, therefore, each spouse can dispose of their share without the consent of the other spouse.

Owning a jointly acquired apartment in equal shares, after the allocation of the marital share has taken place, the spouses can freely give their shares to each other.

Such a transaction of donating an apartment to a spouse can be drawn up and registered in simple written form.

Attention! Not every region will accept an agreement on the allocation of a marital share

Transferring the apartment to the spouse according to the scheme described above is often preferable to concluding a marriage contract between the spouses.

Giving a spouse an apartment that is personally owned by the spouse

It is possible to transfer an apartment to a spouse through a purchase and sale transaction only if a marriage contract has been concluded between the spouses.

Without separate ownership of property (prenuptial agreement), you should not try to transfer the apartment to your spouse through purchase and sale. When selling an apartment to his wife, the seller must give her permission to purchase the property, because is married to her. Again we find ourselves in the situation described above, only this time it is not the Buyer, but the Seller who represents both sides of the transaction.

Even if such a transaction passes state registration due to an oversight by officials, it may later be terminated as illegal.

Therefore, in the absence of a marriage contract, it is necessary to transfer an apartment to the spouse, even if it is the personal property of the spouse, through a gift agreement.

In both of the described gift schemes, the apartment received by the wife as a gift from her husband will become her personal property.

The Donee does not pay taxes, because The Donor is a family member.

Donation of an apartment to a spouse, incl. through the allocation of the marital share

Deprivatization of a share in an apartment and features of the procedure

Quite often, former spouses want to take away their part of the apartment, but not for sale, but in order to deprivatize it.
Deprivatization is the process of returning property to state ownership. The procedure is quite lengthy and complicated. And most importantly, if you decide to deprivatize the property, this will not return the right to privatization in the future. It will be possible to receive the object only under a purchase and sale agreement. If a married couple decides to deprivatize property, this can be done in two ways: through the court and voluntarily. To submit documents and sue housing (cancel privatization), you need to have good reasons. Most often, the reason for obtaining housing under a social lease agreement again is proof that the privatization transaction was imaginary, for example, it covered up a purchase and sale agreement, or the participant in the registration was incompetent.

Read also: Features of the privatization of state property and municipal property in 2020

Also, the state can take away the property if, during the acquisition of the property, legal norms were violated, and the applicant performed the procedure under duress. In practice, there are cases when spouses do not go to court for separation. If the shares between them were incorrectly determined, then it will be necessary to deprivatize part of the property and then re-allocate the shares. Otherwise, it will negatively affect the process of selling property in the future.

Sample statement of claim to the court for invalidation of a privatization agreement

38.0 KiB 25 Downloads Details

Category:	Privatization
Date of:	03.03.2016

It is also possible to deprivatize an object through voluntary termination. To do this, you need to submit an application to the executive body of the local government. Until March 2020, the procedure was free. If the spouses decide to return the housing to the state without filing for divorce, then all persons registered in the premises must agree to this. Parents can act on behalf of minor children, but such a procedure will always be carried out under the supervision of guardianship and trusteeship officials.

Sample application for deprivatization of property

27.0 KiB 19 Downloads Details

Category:	Privatization
Date of:	03.03.2016

Having decided to deprivatize an object, you need to understand what advantages and disadvantages state ownership has. When the property is at the disposal of municipal authorities, residents cannot dispose of the property: draw up a purchase and sale agreement, receive financial benefits from the lease, donate the property or transfer it by inheritance. At the same time, it should be mentioned that real estate used under a social lease agreement cannot be seized or seized for debts, as is easily done with private housing. The main disadvantage due to which people do not consent to privatization is the need to independently maintain housing, participate in home repairs, and pay property taxes. After all, when using a municipal apartment, part of the funds for maintaining the facility is provided from the local budget.