the Main problem with the inheritance of property – debts for purchased housing. “Is that the heirs get an apartment or a house with debt on payment of utilities as to the identity of the testator it is not” – says the author Pavel Kondratiev, a lawyer Enforce Law Company. To repay the debts will have to all the relatives who received a share in the apartment. And as for the debts incurred during the lifetime of the testator, and in the period before the inheritance.
the Main problem is inherited debts for housing
There is a caveat, which will help heirs save: Statute of limitations on debt for utilities is not dependent on the date of registration of property rights. So, the law allows you to seek debt relief beyond the three-year period. Simply not paying will not work, a court decision was required.
In recent years, the courts have to make decisions in favor of owners and to refuse the collection of debts older than three years. So the link to pass the Statute of limitations is an effective way to reduce the amount of debt.
the Cent dripped
Particularly complex disputes with the heirs arise, if the apartment is purchased in a mortgage that is not repaid. Although banks and hedge risks associated with the death of the debtor, this fact is seldom considered insured, and the debts borne by the heirs. And there are no exceptions, neither for disabled nor for minors (Appellate decision of the Omsk regional court dated 05.05.2016 in the case of N33-3814/2016). “Housing and mortgage debt are distributed among all the heirs. And each liable for the obligations up to the value of vested property,” said Kondratyev. If the heirs do not fulfill their obligations, the Bank may take housing.
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the Interest on a mortgage is charged all the time, break is not done on time, which is required on acceptance of the inheritance. Not to acquire debt during the six months required for the transfer of rights to the apartment’s new owners, the heirs may make periodic payments monthly before turning to the notary. It is also possible to contact the Bank and sign the loan agreement on new terms, i.e. to restructure the debt.
Banks can deliberately delay the claim for credit to rack up debts of heirs, but lately the courts have recognized similar cases in violation of the refuse banks in the requirements to recover from the heirs of penalties for late payment.
Joint, then my
Disputes in which one heir takes precedence, always the most difficult. All property acquired during the marriage, falls into the regime of joint ownership, if there wasn’t a prenup. And no matter who is the titular owner. In case of death of the title owner spouse may not include the apartment to the estate and not sharing it even with their minor children.
“for Example, the apartment was purchased in the husband’s name. After the death of his wife to her children for their rights to object, you must apply to a notary at the place of opening the inheritance. However, if the husband against the apportionment of the matrimonial share, the issue should be solved only in a judicial order. Moreover, the moment can be burdened minority children – because in this case the husband is their legitimate representative,” explains Yulia Dimova, Director of the office of resale Est-a-Tet.
One is the boss
There are situations in which the heirs are entitled to their share of the estate, but they will not be able to share housing. And so the inheritance they will be denied. This happens in cases where fractional ownership may infringe on the rights of the heir, who before OTKrytiya of the inheritance, lived in the room and used it. Especially when the actual section of housing is not possible. There are instances when the estate was recognized by the court is indivisible.
3 years is the Statute of limitations on debts for utilities
the Heir, constantly use such property receives at section of the inheritance a preferential right to receive it over other applicants, said Kira Koruma, partner, lawyer AK “of Asnis and partners.” To prove the indivisibility of a house, you need an expert opinion.
Sometimes, the inheritance is already decorated, but you cannot use it – the property is occupied by tenants that cannot be evicted. Most often it is the dependents who lived by the deceased, and minor children. Moreover, such a tenant might not even be a relative of the testator, the eviction is not easier. The fact of registration does not matter.
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it is Possible to resolve the matter peacefully or through the courts. In the latter case, forced evictions lies with the bailiff.
Dependents may not agree to vacate the living space. If the inheritance has not yet been issued, such person may declare to him the share at the notary. But the notary, as a rule, send such applicants to the court. If the main heir of the apartments have already designed the ownership of, the dependant may in court demand to give him the right to reside in the premises.
a Special category of minors. It is difficult to evict them, even through the courts. The process will involve representatives of the guardianship to ensure that children’s rights are not infringed and he has a place to live.
As a rule, children are issued with a parent which received the right to reside. If a parent forcibly evicted through court, the child goes with him.
the reason for the eviction is that the person did not show up at the apartment and did not pay utilities.
Gift is not necessary
If the successor is not interested in the inheritance, he may simply refuse. For example, in villages or small towns, many heirs renounce the estate, as it is cheap, and to keep it expensive. Benefits of “communal” and taxes that were used by their parents, are no longer applicable.