President of the notary chamber of the city of Sevastopol Olga Kalenkovich in the lens «I have the right»

The host of the program, Nikolai Skrebets, also talked the head of the Sevastopol Notaries Olga Kalenkovich about the disposal of marital property, the nuances of the inheritance, the features of the disposal of shared property and the underwater stones of the “simple written form”.

In the next issues, viewers will hear answers to questions:

• I own 1/2 share in the right of ownership of a residential building in which I live now. The second half of the house belongs to the mother, who lives separately in another city. Recently I got married, went to the FMS with my wife with a statement about her registration in this house. We were refused, since in addition to my consent to the instilling, we must also get the consent of the second owner — mother. Is it legal? I heard that if you prescribe a wife, then a simplified order applies. Can mom make consent to the notary? What is the best way to convey it to us so that it is faster?
• I want to buy a car month in an underground parking. The title owner is a woman. The object was acquired in marriage, but the husband died 10 months ago. The hereditary business is open. The heir is a widow, but the deceased is 2 daughters from another marriage, one of which is a retired by age. The daughters did not declare the rights to inheritance, they did not apply to the notary, they did not write refusals. What can be the consequences for me as a buyer?
• My husband and I acquired an apartment in common shared property in equal shares of everyone. When registering ownership in Rosreestr, we were demanded by a marriage contract that we did not conclude. Is it necessary to conclude a marriage contract or can the registration of ownership pass without it?
• Is it possible to sell 1/2 a share in an apartment in the property completely? How is the sale regulated? Is it necessary to allocate a share before sale?
• Is it possible to file a lawsuit against the recognition of the right of ownership by inheritance by law and the simultaneous repayment of this right (due to the dilapidation of the structure, it was actually destroyed)? If not, how to act in a situation where the actually destroyed house is inherited?
• We bought an apartment that the daughter of the owner of the apartment was sold by proxy. We gave the initial fee for the purchase of the apartment in cash, and the rest was taken into a mortgage. After 4 months, the guardian of the former owner filed a lawsuit to terminate the transaction. As it turned out, the owner of the apartment is registered with a psychiatrist. The court recognized the transaction invalid. We are ordered to free the apartment within a month. The daughter of the owner, who signed the contract of sale of the apartment, was not present in court. We were left without an apartment, without money and a mortgage. Where the seller is located, we do not know. How can we return the money (initial contribution and mortgage)? How to protect yourself from such transactions in the future?
• My uncle was bequeathed to my apartment. After the death of his uncle, the notary opened a hereditary business and informed the wife of the deceased about this. She lives far, but came and submitted an application for the acceptance of the inheritance — 1/2 of the dwelling. After the required period, I issued my part (1/2) of the apartment in the property, the widow of the deceased did not come to the design. At the moment, the second part of the apartment remains on the deceased, and his widow has not been in touch for the last five months. Tell me, can I sell my part of the apartment? Is it possible in court to get the second part of the apartment due to the actual refusal of the second owner to draw up their part of the inheritance?
• We are divorced with my husband. There is an apartment designed for me, but it was bought in marriage. By agreement, I must pay my husband a certain amount of money, and he leave the apartment. How can I draw up our agreements? Can I buy 1 2 from him and arrange how to buy and sell it?
• Hello, tell me, please, is it possible to include the provision in the marriage agreement that in the event of death, the spouse’s ownership mode changes and there will no longer be joint property, but separate? The notary was made to us by such an agreement, I quote: “All movable and immovable property … acquired by spouses during marriage … is recognized both for the marriage and in case of divorce of the marriage with common joint property, in the case of the cessation of marriage (with the exception of divorce) — the property of the spouse in whose name they were made, (or) registered.” I believed that inheritance issues cannot be established by a marriage contract and are regulated by the inheritance norms (according to the law, by will). Is it possible to challenge such a marriage contract? (The will is designed, my husband bequeathed everything to me, including what will be acquired in the future).
• My father and I have a common apartment. A month ago, dad died. When is it necessary to reissue ownership and what is this procedure?
• After the death of his father, a non -privatized garage remained. There are two heirs. One of the heirs is categorically against the sale of garage and the allocation of a share of the second. How to do the second heir to get your share?
• Before the marriage, the father had an apartment in the property. After he and his mother got married, after time, real estate was sold, a new apartment was purchased for the proceeds, which was registered for the mother. The marriage contract, other agreements that change the regime of joint property, did not conclude the spouses. Now dad has died. Mom continues to live in the mentioned apartment, pays for utility bills, has other expenses for the maintenance of property. Does the mother make sense to contact a notary public with a statement about the acceptance of the inheritance or is it considered actually accepting the inheritance? Is there the right to inherit other heirs of the first stage?

Source: notarial chamber of the city of Sevastopol