Forfeiture of property rights is often the subject of legal disputes. If you are the owner of a residential property, then you need to know if you can be deprived of your legal rights to own the property. In what case can a person be deprived of the right to own property?
Instructions
Step 1
According to the Constitution of the Russian Federation, a person can be deprived of property only by a court verdict. But one other body cannot arbitrarily take away from a person his property. Most often, this question arises in connection with real estate. However, even if a person does not live in his apartment and is not registered in it, he still remains the owner with all the rights and obligations.
Step 2
The grounds for deprivation of ownership may be the following circumstances: confiscation, requisition, foreclosure on property for the obligations of the owner. That is, property can be taken away as dishonestly acquired by a court verdict or taken away for debts. For example, if a person borrowed money on a mortgage loan secured by an existing apartment and could not fulfill obligations, the apartment is taken away in favor of the bank. However, this is an extreme measure. As a rule, even banks make concessions and prefer to revise the contract rather than take away the property. In addition, if minors live in this room, then deprivation of ownership and eviction is carried out only with the permission of the guardianship and guardianship authority, and it is issued only if the children have other housing.
Step 3
In some cases, ownership of property is taken away in favor of the state. This happens if, for example, a dwelling was needed to accommodate objects of state or municipal importance. In this case, the owner is obliged to pay compensation in the amount of the market value of the housing at the moment.
Step 4
The question often arises of deprivation of ownership of an apartment and eviction due to non-payment of utility bills. However, according to Article 236 of the Civil Code, a person can only voluntarily renounce the right of ownership of any property, no one has the right to deprive him of his home and evict him by force. If the apartment is not privatized, the eviction is made to the dormitory for the minimum area.
