Stanislav Danilov, partner of the Pen & Paper Bar Association, told RIA Newsin what cases Russians are prohibited from selling an apartment.
According to the expert, there are actually quite a few situations in which a citizen is limited in his legal ability to buy or sell real estate, or in which a citizen should not do this. “Conventionally, they can be divided into two categories: those related to the status or regime of property, and those that involve in debt obligations,” he explained.
The first category is matrimonial property. According to the family code, the consent of the other spouse is required to dispose of jointly owned real estate. In this case, the transaction will not be registered. Issues related to the alienation of shared ownership are in the same category.
Risks also arise for a person who has a large legal debt, if he disposes of his apartment and uses the money for personal needs. In addition, if a Russian is bankrupt, then, in principle, he will not be able to sell an apartment without the consent of the financial manager.
Another limitation is that banks often insist when issuing loans and include in the terms of agreements that the borrower undertakes to refrain from making transactions that may question his solvency or worsen his financial situation or conditions.
Also, transactions that are made by guardians and legal representatives of incapacitated persons are subject to restrictions. Such transactions should be made only with the prior consent of the guardianship and guardianship authorities.