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Nov 2, 2022
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What can cause you to be evicted from your apartment?

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The lawyer explained because you can lose the apartment.

If you do not pay for a communal apartment, do not transfer alimony, or have long overdue loan contributions, then money can be recovered from you through the courts. If it turns out that there is no amount needed to pay off the debt, property, including an apartment, will be used. In what case can you lose your home, said lawyer Yevgenia Ryzhova.

According to the expert, the only housing cannot be confiscated from the owner, no matter what it is and no matter how much it costs. And here it doesn’t even matter in which area the debts arose and how much money needs to be paid in the end. One way or another, the requirements that the court decided to apply to the debtor must be adequate – this is required by paragraph 5 of Article 4 “On Enforcement Proceedings”. It enshrines the principle of “correlation between the scope of the claim and enforcement measures.”

This means that all measures taken must be adequate to the requirements of the executive document.“, the lawyer explained.

For example, a man owes money to a bank. He has a common apartment with his wife – the spouses own shares. In theory, the court should decide to sell the man’s share in order to satisfy the creditors. But in fact, it will be difficult to sell half an apartment.

In practice, it is unlikely to sell half of the apartment. But if the debt is not personal, for example, it is not alimony, but a loan, and it arose during the marriage, then the recovery can also be levied on the share of the spouse“, – said the lawyer to the Prime agency.

An exception to these rules are square meters that are bought with a mortgage. If it is impossible to pay it, the bank has every right to sell housing and pay the borrowers the part that they have already repaid.

Earlier, expert Konstantin Barsukov estimated how much apartments in Moscow would cost by the end of autumn. In his opinion, the dynamics of prices depends, first of all, on the decision of the authorities to extend the preferential mortgage for new buildings or to curtail the program.

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