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General Lawyers

We continue to be spoilt by the housing issue

There are no limits to the amount of square meters each citizen can own under existing law. Each Russian can own a large house or a part of a shared apartment. This civil right often leads to frequent court reviews and high-profile domestic scandals.

The law prohibits citizens from trying to occupy their real estate that exceeds 1 square meter. However, such an individual property can cause problems for other residents. These issues can cause problems in any housing purchase or sale transaction, including claims to the rules for cohabitation, the amount paid to the tax inspectorate, housing and communal services, and claims to the rules regarding the rules of cohabitation.

The issue can be solved by allocating a smaller portion of the common property to the owner. After reaching an agreement among all parties, civil legislation allows for the possibility of divorcing property that is part of shared property. If the shareholders cannot agree on the conditions of future division, the participants can apply to the court to get the actual allocation of their property shares.

Remember that property conflicts can be resolved even when the law does not allow for the allocation of shares or the process is impossible without causing harm to the common property. In these cases, the owner can seek payment for the monetary value his share. The reverse is also true. The judicial authority can order the owner to repay his share if it is insignificant, cannot really be identified in reality, or he doesn’t show an interest in using joint property.

Material compensation is equivalent in value to the owner losing the right to share common real estate. It seems the problem can be solved. But, it isn’t so easy. Regardless of how small their assets are, judges continue to protect shareholders’ rights. Those who do not want to alienate them, particularly when it comes down to registration and children under the age for majority, are their side.

Recent developments have shown some signs of improvement. The Supreme Court of the Russian Federation decided last year to resolve the claim of the owner of a small percentage of residential properties to be extinguished and to compensate the property for the loss.

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