LawRegulatory Compliance

Grounds for acquiring the right of ownership of the primary and secondary housing market

There are several ways to get a property in the house. For example, if you live in an apartment building that is on the balance of a construction cooperative, then there will be no problems with registration of your property right, it is enough to present a certificate from the chairman of the cooperative, as well as a cadastral passport for your housing.

In the event that you live in a municipal house, as the basis for acquiring the right of ownership will be the contract of privatization of the apartment. If you have privatized an apartment before the 1998 year in which the registration service was established, and the contract has a stamp of the BTI confirming the registration, you can continue to live peacefully with confidence that this document gives you all grounds for acquiring the property right.

In today's world, there is a boom in construction everywhere, because the government has offered the consumer various housing purchase programs, for example, mortgage lending, the Young Family program, and the use of maternity capital to increase the size of the living space.

And citizens who decided to buy a house in a new building, faced with the fact that all the apartments in the house are sold, and at the construction stage, until an act confirming the fact of commissioning a residential house by the developer. In order to be sure that the apartment will get to you, the owner of the construction contract is concluded on the equity participation, which in the future will receive the status of the basis for acquiring the property right.

As the court practice shows, the developer quite often violates the rights of the buyer. That is why before you become a shareholder, carefully read all the conditions and get advice from a qualified lawyer. In the event that you have received a certificate of state registration for housing, in the future you have no problem with the full right to dispose of the acquired property.

If you are legally married, after receiving a document confirming your right, you automatically acquire the right of joint property of spouses with the second half. Therefore, despite the fact that one citizen is listed in the certificate of the right, in case you decided to transfer the right to this object, you can not do without the notarized consent of the second spouse.

In addition, in case of divorce, any jointly acquired property will be divided between divorced spouses in equal shares, unless otherwise established by the courts.

In the event that you want to sell, give or exchange your apartment, you need to submit to the registration authorities a document - the basis for the termination of the ownership right, which can be any contract presented at the stage of acquisition of this right, which is recorded in the certificate of ownership . Please note that not only the so-called "zelenka" should be kept by you until the termination of the right, but also the document underlying the registration. In the event that such a document was lost by the owner, the registration authority will suspend the registration procedure, and you will have to request a duplicate of the underlying document.

Along with the above, there are other ways of obtaining housing in the property. For example, the recognition of the law in the courts. In this case, it is best to get a good lawyer to defend your interests, which guarantees a 100% positive result, and the court decision at the stage of registration of the law will be considered as the basis for acquiring the property right.

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