Every citizen has the right of ownership of real estate. But for various reasons, a certain part of people are wondering: is it possible to refuse it? In this article we will examine this topic.
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Relinquishment of ownership of real estate
In Russian legislation, the waiver of the right to own real estate is clearly regulated in the civil code, but in legal practice cases on this issue rarely arise.
In practice, renunciation of property rights is a written renunciation of various types of ownership of real estate; Article 235 of the Civil Code provides for the following grounds for termination:
- Alienation – sale to other persons, conclusion of a deed of gift, exchange.
- Voluntary renunciation – deprivatization, renunciation of inheritance or equity participation in the ownership of real estate.
- Destruction of property for various reasons.
- Loss of property rights in cases specified by law.
Procedure
The choice of option for terminating one’s rights to real estate remains entirely with the owner of the property, but the procedure is similar:
- Drawing up a written statement.
- Notarization by a notary or application to the registration authorities.
- Subsequent application to Rosreestr to make changes regarding real estate.
Let's celebrate! If the owner waives his rights, there is one caveat - the entire procedure takes place within 1 year, during which the owner can change his decision and withdraw the application.
During this period, the owner retains the following options:
- Suspension or complete transformation of the procedure.
- Possibility to take the property back into your own hands.
- Confirm your intentions to refuse by filing a claim for legal recognition of yourself as a refusal.
Who is eligible?
The law defines two categories of citizens who have the right to refuse property - legal entities and individuals. At the same time, municipal or state bodies, for obvious reasons, do not have this right.
The ownership rights of individuals and legal entities are similar - both categories can sell, exchange, donate property and lease it to other persons, as well as use it in other ways that do not contradict established legislation.
Note! By leasing real estate, according to the law, ownership rights do not depart from the owner, unless this is provided for by the agreed conditions in the contract.
Procedure for acquiring ownerless real estate
This procedure takes place in three stages and is prescribed in the Civil Code and the regulations of the Government of the Russian Federation, approved by Resolution No. 580 of September 17, 2003.
The first stage is recognizing the property as ownerless. Such an application is submitted to Rosreestr by a representative of the municipal authorities. In this case, it does not matter at all whether someone lives in such a house or whether any activity is carried out.
The second stage is the municipality’s demands for recognition of its property rights. A whole year is allotted for this procedure, and the issue itself is resolved in court.
The third stage is recognition of ownership, although there may be another scenario.
Most often, however, the court recognizes the ownership right of the municipality. But the court’s refusal to recognize ownership rights can also be obtained if the applicant fails to prove that this is truly ownerless property. In this case, the actual owner again has the right to acquire ownership by virtue of acquisitive prescription.
Ways to refuse real estate
Termination of the right to own property must be registered with Rosreestr, but the law defines one nuance - without transferring the rights to own real estate to another person or group of persons, it is impossible to carry out this procedure.
In what cases is refusal possible? Below are the main cases encountered in practice.
Registration of deed of gift
Registration of a deed of gift for another person is one of the common options. The reasons for carrying out this transaction can be extremely varied - gratuitous transfer of real estate to relatives, the presence of an empty, second, real estate, etc.
Refusal of inheritance
According to the law, every relative of a deceased person has the right to refuse the inheritance both in favor of another heir and without giving reasons. The corresponding statement is written by the notary conducting the inheritance case.
Common cases when an heir renounces his share:
- In favor of a specific person, for example, in an oral agreement or in favor of a minor relative.
- Personal reasons for refusal.
- The downside is an unfairly drawn up will, as a result of which the potential testator refuses both part and all of the inheritance (willfully or under pressure).
If you do not want to receive a real estate inheritance, there is one caveat - if the potential heir is a minor and does not want to receive the inheritance, the consent of not only his representatives, but also the guardianship and trusteeship authorities will be required.
When a refusal of inheritance is formalized, the law provides for only one case when the procedure carried out is subject to cancellation or revision - evidence that the heir refused the heir for the following reasons:
- Various pressures from others.
- Incapacity of the person at the time of registration.
- Deceptive or misleading acts by others.
- Reconsideration is possible when other potential heirs have convinced those who refused to reconsider the decision.
Deprivatization of real estate
A rather non-standard situation in legal practice is when a citizen carries out deprivatization of property that belongs to him, but also as provided for by the civil code.
The following cases are necessary for deprivatization:
- Consent of all owners participating in the privatization procedure.
- The transferred property is essentially the owner's only residence.
- No encumbrance, such as collateral status or lien.
When this procedure is carried out, a social tenancy agreement is drawn up for the former owners; the reasons for refusal have no legal significance.
But there may be personal reasons for this:
- Lack of desire or ability to pay the costs of maintaining home property.
- If the house is dilapidated or in poor condition, there is a desire to participate in the relocation.
- It is impossible to resolve disputes between owners in any other way in the case of shared ownership.
Denial of inheritance
Legislation provides citizens with the opportunity to refuse property received by inheritance (Article 1157 of the Civil Code of the Russian Federation).
The characteristic features of refusal are expressed as follows:
- does not depend on the wishes of other people;
- drawn up in the form of an application;
- drawn up during the period of acceptance of the inheritance;
- is unconditional (you cannot demand anything in return for refusal).
If a citizen has not applied to a notary’s office within the time established by law, he is automatically excluded from the list of heirs.
Registration of refusal: form, where to register
An application for renunciation of inherited property is drawn up in any form. A person can simply refuse to receive property or transfer his share of the property to another heir.
The application form includes the following information:
- Personal data of the applicant (full name, registration address, actual residence address).
- Information about the testator.
- Grounds for receiving property (by will or by law).
- The desire to refuse the inheritance (it is not necessary to indicate the reasons).
- Information about the person to whom the property is transferred.
Copies of documents confirming the applicant’s inheritance rights (for example, a birth certificate) are attached to the application. To refuse, a minor heir must obtain permission from the guardianship authorities.
The notary registers the applications and attaches them to the materials of the inheritance case.
Registration deadlines
The law provides six months for declaring the right to inheritance (Article 1154 of the Civil Code of the Russian Federation). Within six months, the heir must decide whether he will claim the property or refuse to receive the property.
After the notary has issued a certificate of the right to inheritance, the citizen does not have the opportunity to refuse (Article 1157 of the Civil Code of the Russian Federation).
Russian legislation provides for a procedure for restoring a missed deadline by going to court. In order for the court to satisfy the claims, it is necessary to provide evidence of valid reasons for absence.
Features of filing a refusal by mail
There are often situations when the heir lives far from the place where the inheritance was opened. In this case, the property can be renounced through a representative or sent by mail.
A citizen should have a written application certified by a notary office at his place of residence. The document is sent by registered mail with notification. The addressee is the notary who opened the inheritance case.
Relinquishment of ownership rights to a share in an apartment
Due to Russian legislation, a simple waiver of the right to own real estate is impossible - it is necessary to transfer the right to a third party. This procedure must be formalized in the form of a purchase and sale or a gift agreement, and the share can be transferred not only to other shareholders, but also to third parties.
The procedure must be carried out at Rosreestr with the provided documents and application.
Let's celebrate! In the case of social renting, it is possible to renounce ownership of real estate even at the time of the start of privatization in favor of other persons, while the right to privatize real estate in the future does not disappear.
Consequences of termination of ownership
Although real estate is registered with the state for a period of 1 year until a new owner appears, the relinquishing person must perform the following actions:
- Pay related taxes as usual.
- Properly maintain the property.
- In the event that, as a result of certain actions, real estate causes damage to someone or something, the former owner is responsible for this.
Until a new owner appears, the state, through laws, does not recognize the final decision to abandon the property. As a result, both responsibilities arise and the opportunity to reconsider your decision in certain cases.
Note! The decision to terminate your rights to own real estate may arise for various reasons, but you should approach this responsibly - it is extremely difficult to achieve a reverse move if there are grounds for it.
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The concept of giving up a share or an apartment as a whole
Abandonment of property means the cessation of any activities with the property.
Article 236 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation) formulates the following conditions for such a procedure:
- Any citizen whose right is officially registered can renounce an apartment (share in an apartment).
- The owner must announce the removal from possession.
- Refusal is voluntary.
Until the new owner acquires the property, all rights and obligations (for example, payment of utilities) remain with the original owner.
Legal grounds for refusal of share
The grounds for the emergence of shared ownership are determined by Article 244 of the Civil Code of the Russian Federation. The general reasons for termination of rights are established in Article 235 of the Civil Code of the Russian Federation.
Most often in practice the following types of relinquishment of a share in real estate are encountered:
- when accepting an inheritance;
- when privatizing an apartment;
- when signing a purchase and sale agreement;
- when drawing up a deed of gift.
The procedure for registering a waiver of part of an apartment depends on the chosen option.
