There are a number of cases when it is possible to obtain the right to live in an apartment regardless of the owner’s wishes, he said. RIA News Stanislav Danilov, partner of the Pen & Paper Bar Association. First of all, we are talking about the forced resettlement of minor children.
As the expert noted, in Russia it is believed that proper parenting and full-fledged upbringing of a child is impossible if he does not live with his parents. Therefore, a minor can be brought into the parents’ apartment at the suit of the guardianship authorities – even if they (or other owners) do not want it.
The second scheme disclosed by the lawyer implies the move into privatized apartments of persons who had previously refused the right to privatize. If one of the family members privatized housing, and others did not use this right, then it is from this apartment that they cannot be forcibly evicted. Accordingly, the court will force them to infuse.
In addition, it is possible to bring other persons into the apartment at the junction of the transfer of the right to a share in the property right, Danilov said. If a dwelling has two or three owners, and one of them transfers his share (sells, dies), then other owners can take advantage of this situation and instill someone in the apartment with general consent. Subsequently, the buyer of the share or the heir will not be able to evict the suddenly appeared neighbor, the lawyer concluded.
Last March, in the Penza region, the court forcibly moved his ex-wife and two minor children into the apartment of a 63-year-old man, despite the fact that he had acquired the apartment before marriage. The prosecutor proved that the controversial housing is the only one for the children, and they cannot be evicted. The mother of minors, in turn, is obliged to be with them in order to fulfill her parental responsibilities.
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