Home » Lyrics » The size of the micro-share of the owner in the apartment will be limited

The size of the micro-share of the owner in the apartment will be limited

You can't live on 20 square centimeters

The State Duma plans to adopt a bill that concerns many Russians before the end of the spring session. From September 1, 2022, the court will have the right to change the ratio of the share of spouses in common property if one of them made unprofitable transactions without the knowledge of the other. And the minimum size of the owner's micro-share in a residential area is defined as 6 sq.m of total area.

Committee on State Construction and legislation prepared for the second reading a bill on amendments to the Family and Housing Codes. Before us is what remains of the initiative adopted in the first reading in 2020.

The plans were big. Firstly, to unify the concept of “jointly acquired property” in the Family and Civil Codes, because in the Civil Code this concept includes not only real estate, things and assets, but also general debts, and the Family debts are not mentioned. Secondly, property registered in the name of one of the spouses (a plot of land, residential premises), but acquired in marriage, was supposed to be considered as jointly acquired property. Thirdly, the authors wanted in those cases where it makes no sense to divide the object (too small an apartment or its share, a block of shares that, when crushed, will lose most of its value, etc.) and it is possible to replace the right of ownership with the right to monetary compensation, make a reservation: the one who must pay compensation will not be able to dispose of the property until he pays. In addition, it was supposed to prescribe in detail how to deal with the jointly acquired property of the spouses if one of them declared himself bankrupt. Etc., etc.

But none of this is in the finished document. Only one important change is made to the Family Code: if a spouse, without the consent of the other, made a deal with part of the common property on unfavorable terms, in the divorce process, the judge will be able to reduce the share of the unscrupulous spouse, and increase the share of the victim. First, you will not need to recognize the transaction as invalid, you will not need to collect evidence.

One of the authors of the bill and this amendment, the head of the Duma Committee on State Building and Legislation Pavel Krasheninnikov (ER) told MK that on other issues that the deputies wanted to resolve, “discussions are ongoing with the Ministry of Justice, the Supreme Court and Rosreestr.” “We will not leave this topic and will continue to deal with it,” but for now, “we are solving burning issues on which we managed to reach an agreement,” he assured.

What should the court do if the apartment, for example, was bought during marriage and registered to one of the spouses? “If there is no marriage contract that regulates issues related to property and separate property can be prescribed, then when selling an apartment, even if it is registered to one of the spouses, without the consent of the other spouse, the court will have to reduce the share of the seller,” the deputy explained. You can manage independently, without the consent of your spouse, only real estate acquired before marriage, inherited or donated even during marriage or privatized.

Ekaterina Tyagay, partner at Pen & Paper, called these innovations logical because they “are designed to better protect the property rights and interests of spouses, as well as clearly define the rules for challenging individual transactions.” Now, in article 39 of the Family Code, the revision of shares in the division of property is allowed if one of the spouses “expended common property to the detriment of the interests of the family,” but this is “a vague concept that could be interpreted by the courts differently in each case,” explained Ms. Tyagay “MK”. The new wording, in her opinion, “although it does not offer a closed list of bad faith actions, the commission of which is the basis for deviating from the principles of equality of shares in the division of property of the spouses, but contains, at a minimum, a guideline for determining such bad faith and clearly provides for its separate case” . The clarification will be written in article 35 of the Family Code. We are talking about transactions for the disposal of property, the rights to which are subject to state registration, or transactions that are themselves subject to mandatory state registration. Purchase and sale, long-term lease … And those transactions that require the obligatory notarized consent of the other spouse, and in the absence of such, they can be challenged. “This makes the procedure for invalidating such transactions more certain,” the lawyer believes.

But by the second reading, the bill included norms that were not originally in it. But something similar was in another initiative, adopted in the first reading in 2018 and still not waiting for the second reading. In order to combat “black realtors”, she intended to prescribe in the Housing Code a restriction on the allocation of shares in residential premises that are less than suitable for moving in and living a person, and limiting the right of owners to move other persons into their premises, except for spouses, children or parents, if, as a result, each resident will have less than the allowance for the area.

This document will lie in the State Duma and further, waiting for the end of all approvals, and part of it will become law now. The Housing Code will nevertheless fix the minimum possible boundaries for splitting shares in the ownership of housing: “at least 6 sq.m of total area for each co-owner.”

The head of the Duma Commission for Ensuring Housing Rights, Galina Khovanskaya (“SR”), told MK that she was “upset because this rule only concerns civil circulation of housing, property rights, and not the right to use residential premises.” In addition, Ms. Khovanskaya proposed to prescribe a minimum micro-share of 6 sq.m of living space, that is, no less than the norm for dormitories now fixed by law, but only 6 sq.m of the total area was prescribed, which means only 3.75 sq.m of residential area per person.

Mr. Krasheninnikov explained to MK the importance of the problem being solved: “They sell 20 sq. cm of living space of a share, a person moves in and a scandal begins, we know and see this problem in Moscow and other large cities, and sometimes they buy 20 sq. m. see in the apartment, only to register there, but the new owners do not live in this apartment, but live in no one knows where, and no one knows what they do. ”

But the same thing will now be done on 6 sq.m ! “You must agree that 6 sq.m and 20 sq.cm are not the same thing, you can live on 6 sq.m, but you can’t live on 20 sq.cm,” says United Russia. Of course, what happened is worse than the bill mentioned above, which he himself introduced together with Ms. Khovanskaya almost 5 years ago, Mr. Krasheninnikov agrees, but “that text is on paper, and we are worsening the situation only in comparison with paper, but actually moving forward.”

Restrictions on the size of shares will not be retroactive. And they don’t cancel the 15 sq. cm pieces that already exist: they can still be bought, sold, used for various fraudulent and unscrupulous schemes. And the new rules do not apply to those shares that were formed in housing purchased with funds from the mother's capital. And for those shares that were formed as a result of privatization, and for those that were inherited – too.

Источник www.mk.ru

Add a Comment

Your email address will not be published. Required fields are marked *