Home Deprivation Act. Recent changes in the Law. What are the initiatives of the Ministry of Justice related to?

The Russian Ministry of Justice, at the request of the State Duma deputies, finalized the bill on the seizure of the only housing from debtors in order to avoid its ambiguous interpretation in the courts. This was announced by the Deputy Director of the Department of Economic Legislation of the Ministry Denis Novak. The official assured that the bailiffs will not take away the only housing for debts on loans and for housing and communal services. According to him, a person can be deprived of a roof over his head only in socially significant enforcement proceedings initiated for debts for alimony or in cases of compensation for damage to life and health.

“Many of the proposals made during the public discussion of the bill have been taken into account. This is, first of all, a decrease in the scope of its action only for claims for the payment of alimony, harm to life and health and harm caused by a crime, "RIA Novosti quotes Novak as saying. He added that it will be impossible to withdraw the last housing for overdue loans or non-payment of housing and communal services.

The official also said that the revised bill took into account the comments on the ratio of debt and the value of residential real estate. “A differentiated scale was developed so that an apartment could not be withdrawn for a debt that is related to the cost of a TV,” he said. The updated document will be published in the coming days.

Recall that at the beginning of January this year, Russia was literally "blown up" by the Ministry of Justice's idea that the only housing that debtors can be confiscated if it "clearly exceeds" their needs for housing in size and cost. According to the proposed procedure, by a court decision, the debtor's housing is put up for auction, debts are paid off from the proceeds, and the remaining money goes to the former debtor so that he can buy housing that meets social norms. If the debtor has not bought a new one three months after the sale of the old apartment, the money goes to the budget of the municipality, and he provides something suitable for living. The ban on the seizure of the only housing is supposed to be retained only for real estate that does not exceed two times the size of the norms for footage per person.

The bill was criticized not only by ordinary citizens, but also by relevant departments. Thus, Ombudsman Tatyana Moskalkova spoke out categorically against the draft law. According to her, in the conditions of the economic crisis and a decrease in the income of the population, such an innovation will work in favor of bankers.

The Kremlin called on the law to be seriously revised. “This is one of the working proposals, which is subject to a very detailed study, both from a legal point of view and from the point of view of law enforcement. We will have to collect the opinions of many departments, ”said the presidential press secretary Dmitry Peskov.

The head of the State Duma Committee on Housing Policy and Housing and Utilities, Galina Khovanskaya, in turn, said that the bill has the right to life, since it deals with excess housing, but this needs to be spelled out more clearly. After that, the Ministry of Justice announced that the document would be finalized.

Moscow, Svetlana Petrova

Moscow. Other news 05/18/17

© 2017, RIA "New Day"

Any obligations are subject to timely execution. For evasion of debt payment, the defaulter is involved in legal proceedings, the result of which will be the delivery of a writ of execution to the creditor. The procedure for enforced collection through the bailiff service provides for the direction of the defendant's finances and property to pay off the debt. In this connection, it is extremely important to know whether the bailiffs can take away the only housing from an individual for debts on loans.

The only home to pay off loan debts

The procedure for collecting debt by bailiffs (JV) at the expense of the property and capital of the borrower is regulated by Chapter 8 of the Federal Law No. 229 dated 02.10.2007. An individual applying for a car loan or a loan undertakes to the lender to fulfill the obligation within a specified period. Persons who have acted as guarantors for crediting are also at risk. Any violation of the terms of the contract is fraught with consequences, the debtor may lose property, which will become impossible to return.

If we talk about consumer loans, then banks rarely seek to collect the house with the subsequent sale to pay off the debt. This policy of financial and credit institutions has several reasons:

1. The debtor's home can be used to pay off the debt solely on the basis of a court decision. Often the amount of borrowed funds does not exceed 100-300 thousand rubles. When compared with the market value of the apartment, such debt is considered insignificant and, most likely, the judge will not grant the petition.
2. The procedure for the arrest, appraisal and sale of housing from the auction takes a long time, so such measures are inappropriate to cover small debts.
3. The defaulter's house may be encumbered, therefore, the appeal can be significantly complicated, the amount received will be insufficient to meet direct claims and compensate for the costs of organizing the procedure.
4. Lenders rarely petition for the sale of the defendant's housing if other citizens, vulnerable persons (children, students, disabled people, pensioners, etc.) live and are registered in this territory.

Collection services, bank collection departments deliberately exert psychological pressure on the debtor, sending written notices threatening to seize the house to pay off the debt. Such methods are designed for the panic state of citizens, when the borrower takes any possible measures to meet the requirements.

The current legislation imposes a ban on the collection of the only housing of the debtor on the repayment of debt on loans

It is possible to completely deprive an individual of home only in an exceptional case when the property was provided to the bank against the security of obligations or acquired from the plaintiff under a mortgage.

Resolution of the Supreme Court of the Russian Federation No. 50 of 15.11.2015 gave the bailiffs the authority to impose a restriction on the debtor's only apartment. Arrest presupposes the deprivation of the right to register actions in relation to housing and does not allow an individual to dispose of property in full legal measure. The borrower will not be able to register other citizens in the specified territory, conclude a sale and purchase agreement, transfer housing on bail, a gift.

Recent changes in the Law

In 2017, a draft amendment to the Code of Civil Procedure of the Russian Federation was submitted for consideration and public discussion, allowing the debtor to withdraw an apartment in payment of debts, despite the fact that it is his only property. If the project is approved in 2018, then the situation regarding whether banks can take the only housing from an individual for debts under the new law will change. The defaulter will be able to recover a part of the living space in excess of the minimum size for one person in accordance with regional legislation.

The proposed changes set certain restrictions:

• Housing exceeding the standard for one tenant twice is not subject to seizure.
• The innovation affects only specific categories of defaulters, namely: alimony, citizens who inflicted moral and material harm to others, criminals whose actions resulted in the death of a person. Liabilities on credits and loans are not stipulated by the draft law.
• It is forbidden to sell your own house if the amount of the claim is insignificant in relation to its value. For example, if an individual has a tax debt in the amount of 5-7% of the market price of an apartment, they will not be able to take it away. The situation when the defendant is subject to a refund, amounting to more than half of the proceeds, will also not be considered by the court.

The situation is similar regarding whether bailiffs can take away a share in an apartment for debts of an individual on loans. Levy of execution on shared ownership is carried out on a principle similar to the one described above. If a part of the house is not the only property of the debtor, it can be taken and sold as a percentage of the share. The defendant may suspend the procedure for the execution of the court decision by initiating bankruptcy.

New amendments to the law may allow in some cases to seize the only housing in payment of debts

Power to arrest an apartment

Arrest of housing is the imposition by an authorized body of a ban on the legal rights of citizens to dispose of property. In this case, the owner will not lose the object, but will not be able to register a roommate, donate an apartment, sell it, transfer it on bail or lease. The power to impose restrictions rests with the court and bailiffs.

The judge will make a decision on the arrest of the apartment if the debtor's actions contain intent and intentions to get rid of the property in order to avoid paying debts. The claimant has the right to initiate the application of interim measures. The course of the court procedure does not constitute a prohibition on the creditor's filing of the petition with the judge. The application will be considered and satisfied if there are compelling reasons.

For example, the plaintiff has information that the defendant intends to sell the house in the near future or to alienate it to other persons under a donation agreement. The court may regard such actions of the debtor as evasion of obligations.

The creditor's application is considered by the court on the day of registration. A positive decision is expressed by issuing a ruling, issuing a writ of execution (and / l). The debtor will be notified accordingly. At the same time as the documents are handed over to the plaintiff, the state registration services are informed. The applicant with and / l can independently apply to the bailiff, who implements the court decision.

The joint venture can arrest the debtor's home on two grounds:

• I / l issued by the court to secure the claim;
• For enforcement proceedings.

An individual applies to the FSSP with a statement of the established form, and / l. The document is accepted for processing, within three days the plaintiff is provided with information about the initiation and / p or refusal. If the claimant indicated in the document the registration information about the property of the debtor, the arrest is imposed immediately. When there is no information about the apartment, the contractor sends a request to Rosreestr and only after receiving information arrests her.

If in the proceedings of the SSP there is a case on collecting a debt from a citizen, at the initiative of the service, an arrest may be established on a residential premises. During the working day, the joint venture notifies the defendant and the claimant about the application of the measures, no later than three days sends the decision to the FRS. Rosreestr registers the arrest for housing on the day of receipt of the document from the bailiff, informs the owner of the encumbrance.

The seizure of an apartment is a legal action in the process of debt collection

When the SSP picks up housing

The most dangerous consequence for the debtor is the physical arrest of the home, expressed in the drawing up of a protocol with the participation of attesting witnesses, and the sealing of the premises. Further, the apartment will be transferred for evaluation and implementation. Article 446 of the Code of Civil Procedure of the Russian Federation provides for exceptions for property to be seized:

1. Such enforcement action is taken on mortgage-related debt when the home is collateralized. In this case, a court decision is not required, the lender will take it on the basis of the contract. The initial foreclosure procedure is the arrest of the apartment. In this case, the amount of debt must be at least 5% of the market price for living space, and the violation of the deadline for fulfilling obligations exceeds a quarter.

In practice, credit institutions do not initiate an instant arrest of housing immediately after fixing the delay in payments, the debtor is given time to find, borrow money or negotiate with the creditor.

1. All real estate objects of the alimony, including the apartment, are subject to arrest and confiscation in case of malicious default. The procedure is carried out by the bailiff in accordance with the law. At the same time, the joint venture preliminarily analyzes the comparability of the amount of debt and the cost of housing.

For example, citizen Stepanov for 10 years has accumulated a debt for alimony in the amount of 800 thousand rubles. The market price of his apartment is about 1 million rubles. Then the SSP will impose a restriction on the right to dispose of property. If the defaulter has several residential premises, a claim will be levied on them.

1. Debt on utility bills to housing and communal services may become the basis for the application of interim measures in relation to the debtor. An apartment can be arrested if the debt is close to its value. A defaulter can be expelled by a court decision from non-privatized housing for violation of the order of its use, expressed in non-payment of a communal apartment. In this case, the apartment will be at the disposal of the municipality.

Housing can be seized for debts if it is secured

At the same time, when determining whether a citizen can be evicted from a privatized apartment for large rent arrears, we can say with confidence that no. Today, such actions are illegal.

The specifics of the arrest

The procedure for imposing restrictions on the defendant's housing consists of the following steps:

• Drawing up an inventory, arrest.
• Involvement of an accredited specialist for the assessment of objects.
• Sending housing for sale through tenders.
• Directly sale.

When, due to compelling circumstances, the bailiff cannot sell the dwelling, the creditor is offered an offer to pay off the debt by transferring to him the ownership of the debtor's apartment. The offset is made taking into account the decrease in the appraised value of the object by a quarter. If the creditor refuses housing, it is returned to the defendant.

Children's Rights in Arresting Homes

Execution of a living space where a young child is registered is possible only with the permission of state guardianship and guardianship authorities. As part of the trial, the civil service assesses the situation, the possibility of providing the child with housing in the future and makes a decision. The guardianship is especially meticulous about the living conditions of orphans. If the service authorizes the sale, the court issues a ruling on the seizure and subsequent sale, and the bailiffs proceed to enforce the decision.

The decision of the representatives of the guardianship may be influenced by confirmation of the availability of other housing for the minor or the provision of a deed of gift for an apartment or house in the name of the child. The property, which was bought with maternity capital, belongs in equal shares to the parents and the child. It will be very difficult to sell such housing.

After the arrest of housing, it is put up for auction

Sale of the debtor's property

The procedure for placing residential premises for auction is determined by Chapter 9 of the Federal Law No. 229, bailiffs use the services of electronic platforms. The objects are transferred to a specialized organization for implementation with a full set of title documents, an arrest warrant, a court decision. During the auction, the debtor can live in the apartment.

The auction is carried out within two months in the manner determined by the Civil Code of the Russian Federation, other regulatory legal acts. Information about the event is subject to publication in the official sources of the Internet at no cost.

If the first auction did not take place, the organizer appoints a secondary event no later than one month. When the repeated procedure does not bring results, the seller sends an offer to the recoverer to accept the property as a debt offset.

Anyone can buy real estate at the auction. The sale is made in favor of the participant who offered the highest price. After the sale of housing, the debtor will have to move out and vacate the area within fourteen days, so the individual is advised to worry in advance about where he will move after the auction.

The current legislation of the Russian Federation protects debtors from the loss of their only home, but do not forget about exceptional situations, for example, a mortgage. Eviction of citizens from a privatized apartment due to non-payment of utility bills is impossible. Minors can become an obstacle for creditors when foreclosure on the living space where the children are registered and live. It is important to know that the debtor has the right to challenge the actions of the court, bailiffs, and the claimant in a legal manner.

The Russian Ministry of Justice has prepared a draft amendment to the law on enforcement proceedings, according to which it will be possible to confiscate the only housing from debtors. How will this law work if it is adopted, in whose interests it is being promoted and who will it affect?

What the Ministry of Justice offers

The draft published by the Ministry of Justice proposes a number of amendments to the Civil Procedure Code of the Russian Federation, the Family Code of the Russian Federation and the Federal Law "On Enforcement Proceedings", which cancel the ban on the seizure of the debtor's only housing for debts.

According to the current legislation, the debtor cannot be deprived of housing (except for a mortgage) if he has the only one.

It is not the first time that the Ministry of Justice has made attempts to "squeeze" the debtors - in the fall of last year, it developed a legislative norm that would allow selling part of the housing occupied by the debtor, that is, starting to produce communal apartments, which have been trying to get rid of in our country for almost a hundred years. Now the ministry proposes to withdraw housing entirely, although it introduces some restrictions.

Housing cannot be withdrawn if its area “does not exceed two times the norm for the provision of living space”. The housing rate for different regions is different and ranges from 14-18 sq. m per person.

There are other restrictions on the withdrawal of a single home.

For example, “foreclosure ... is not allowed if the amount of claims in enforcement proceedings is clearly disproportionate to the value of the property on which the foreclosure is being made”. Housing cannot be seized if the amount of claims against the debtor, including the costs of enforcement actions and the enforcement fee, is less than 5% of the value of the dwelling, or the amount to be transferred to the debtor after the sale of the property is more than 50% of the value of this property.

Simply put, it is impossible to confiscate an apartment from a citizen if the creditor's claims are too small in comparison with the cost of the apartment, or too large for the amount remaining after its sale to be used to purchase other housing.

The Ministry of Justice also proposes to introduce additional restrictions on the sale of housing seized for debts.

Housing can be put up for auction only at a price not lower than "specified in the court ruling on foreclosure on property."

If the auction did not take place, then the price reduction by 5% is allowed for repeated ones, and if the apartment is not sold in this case, then it is returned to the debtor and a second recourse for the collection of his property is possible no earlier than one year later.

If the property is sold, then the debtor receives in his hands an amount that “cannot be less than the cost of the living space calculated on the basis of the provision of living space ... taking into account the family members of the debtor-citizen living with him, as well as taking into account the average specific indicator of the cadastral value ".

If the debtor citizen, for some reason, within three months did not purchase other housing with these funds (for example, they calculated incorrectly and there was not enough money), then he transfers the money received from the sale of the apartment to the municipal budget, and local authorities are obliged to within two months to provide this citizen with "other suitable living quarters." Where the municipal authorities will take the necessary housing for this, what quality and to what extent it will be "suitable for living", the bill does not inform.

What are the initiatives of the Ministry of Justice related to?

The bill of the ministry refers to the ruling of the Constitutional Court of the Russian Federation of 2012, when the court, showing amazing efficiency, satisfied the claims of two private creditors on the issue of debt collection and ordered the parliament to limit the debtor's property immunity in terms of the inviolability of the only home and make the necessary changes to the legislation. In the same year, an attempt was made to push through the State Duma the corresponding amendments to the Civil Procedure Code of the Russian Federation, but this idea was not crowned with success then. In 2013, the Ministry of Regional Development created a draft amendment to the legislation, which made it possible to implement a simplified procedure for collecting real estate for housing and communal services debts, if the amount of debt for a communal apartment exceeds 5% of the market value of housing. The author of this project was Andrey Chibis, who is now the deputy head of the Ministry of Construction and Housing and Utilities.

The fact that payment for housing and communal services by the population remains at the level of 95%, our magazine has already written earlier. Less than half of the 5% of defaulters are malicious, and communal services have long mastered the methods of dealing with them, disconnecting housing from all communications up to the sewerage system. In other words, the problem of hard-core debtors, due to which conscientious payers-neighbors are forced to “take the rap” for the whole house, is clearly “sucked from the finger”, or rather it exists, but its scale, declared by officials, does not correspond to the real state of affairs.

Less than 20% of the 1.3 trillion rubles of overdue debt of Russians belongs to housing and communal services, the bulk of debts falls on bank loans. Most likely, this explains such persistence of officials of various ministries and departments in the issue of collecting debts from citizens. Banks should not be offended.

Who will win and who will suffer

When the Constitutional Court in 2012 ordered the parliament to adopt amendments to the legislation regarding the inviolability of the debtor's only home, the reason for this was cases where individuals lent each other millions of rubles and then could not return them.

Also, some lawyers, welcoming the initiatives of the Ministry of Justice, say that some citizens take loans from banks for which they buy housing, and then leave the bank "with a nose", referring to the laws prohibiting the sale of the only housing.

And here a number of questions arise. Firstly, the statistics of such schemes are completely unknown, how widespread they are, in order to carry out such serious changes in the legislation for the sake of them, which will affect millions of Russians. Secondly, the credulity of creditors is surprising, who distribute multimillion-dollar loans on a "word of honor", and then demand through the Constitutional Court to withdraw the only housing from the debtor. Even more surprising are banks that give a considerable loan to a citizen without bothering with a collateral, without asking about the client's income, not at all curious about what and how this loan will be spent. As if the bank does not have the appropriate legal and information services, there is no security service. And then these creditors come to the state and complain that they were shamelessly deceived. It is quite possible that sometimes they cheat by forging some documents. Then it is an ordinary fraud and should be considered within the framework of the Criminal Code of the Russian Federation.

The press reported that, according to the authors of the bill, these innovations will protect the rights of minor children, as well as provide them with housing in the event of a divorce. This opinion is too optimistic - nothing significant in this regard is contained in the bill. A source in the financial and economic block of the government told the press that the appearance of the bill is due, among other things, to the implementation of the concept of state family policy in Russia for the period up to 2025 (such a document was approved by the government in 2015). There is nothing specific about this in the bill either.

Moreover, many lawyers note the vagueness of the wording in this proposal of the Ministry of Justice, which may turn out to be a good field for "maneuver" for dishonest officials. Added to this is the outstanding competence of the judiciary, which President Putin spoke of last year. spoke out as follows: “I just have my hair standing on end. I don’t know about bias, but there are definitely questions about qualifications ”. And the case with the withdrawal of housing from debtors promises to look pretty sad. Some lawyers speak about this more definitely: “It is not profitable for anyone to“ procreate ”homeless people, but there is such a risk. Any article can be viewed from different angles, and someone will certainly want to take advantage of their official position. "

According to experts, the first thing that will be targeted by creditors and bailiffs will be low-income citizens who “managed” to have expensive housing in prestigious districts of cities.

Some experts believe that due to the specifics of the way our fellow citizens have become homeowners, they are now not responsible enough for their property and therefore the area of ​​apartments often does not correspond to the income of citizens. Here it is: a few years ago, before the Central Bank collapsed the ruble and inflation began to be expressed in double digits, everything was quite “responsible”. And now "not responsible enough."

Economist Delyagin explains the essence of the bill as follows: “We have a lot of people who cannot pay off loans and who, moreover, are getting deeper and deeper into credit bondage, because it is physically impossible to live without taking more and more loans. And the state, together with the banking community, is eagerly driving them there ... a person does not live on the street, not in a garbage dump, when he was brought to poverty and poverty, but his apartment can still be taken away from him. Why not take it away? Normal liberal approach. Social-Darwinism, it is social-fascism in its purest form ”.

And the Kremlin does not yet have a definite position in relation to the initiatives of the Ministry of Justice. They have not yet decided whether it is good or bad to deprive citizens of their only housing for debts.

At the moment, according to the norms of the Civil Procedure Code, the only housing is inviolable - it cannot be taken from the debtor under any circumstances. However, the Ministry of Justice has developed and submitted for discussion a bill that cancels this provision. Recently, the Ministry of Justice of Russia gave explanations in what cases it is allowed to withdraw the last apartment or housing from potential bankrupts.

Thus, housing may be subject to seizure if its cost and dimensions clearly exceed the minimum of the established norms of square meters, set for the residence of one person.

In each region of the Russian Federation, the minimum is set by local authorities. As you can see from the table, in Moscow the norm is 18 sq. m. for 1 person. This means that if three people live in the debtor's apartment - a husband, a wife and a child, then they are entitled to 62 sq. m. And if the apartment, for example, is 150 square meters in size. m., then the court can decide on the seizure and exchange of living space in favor of the creditors' claims.

Such explanations were provided to the Ministry of Justice after the demand of the Constitutional Court to establish the limits of the proposed bill. Withdrawal must preserve the rights of the debtor and his family to a normal existence. That is, in fact, apartments and houses will be confiscated for exchange for other, cheaper housing, which meets all the norms of the required square meters per person.

The opinions of lawyers and experts were divided. Some believe that the draft law proposed by the Ministry of Justice substantially violates the rights and interests of potential debtors, while others approve the amendments to the legislation, summarizing their opinion by the fact that the draft law will actually reduce the risks of recognition of fictitious bankruptcy. There are cases when rather wealthy citizens want to declare bankruptcy, and the adopted law will allow to reduce such cases to a minimum.

In particular, Artur Parfenchikov, director of the Federal Bailiff Service, expressed the opinion that the proposed bill in any case does not violate the rights of potential bankrupts to housing.

Another interesting point - an apartment can be withdrawn only if its size is at least 2 times the permissible norm. So, if 1 citizen lives in the apartment, and its size is 30 sq. m., then such housing cannot be seized, since in this situation, for the application of such measures, it is necessary that the size of the apartment be from 36 square meters.

In addition, creditors will be able to file a substantiated petition for the withdrawal of housing only if the amount of the debt exceeds 5% of the value of the apartment. So, if your living space is worth 20 million rubles, then the court will be able to seize your home only with a debt of 1 million rubles or more.

Do you have serious reasons for declaring yourself bankrupt, do you want to write off all debts, and at the same time you do not want to lose your usual single home? It is not worth delaying the procedure, since from the moment the bill enters into force, the concept of a single housing will be abolished. At the moment, the law is at the stage of public discussion, and while there is time, one should think about drawing up a statement of claim for declaring bankruptcy.

What's wrong?

The Ministry of Justice proposed to amend the Civil Procedure, Family Codes and the Law on Enforcement Proceedings. If accepted, the only housing will no longer be protected from foreclosure. Apartments, houses, land plots and shares in common property can be collected for debts, even if a family with children has nowhere else to live.

If the court decides to foreclose on the property, it will be sold. The money from the sale will go towards debt repayment, enforcement fees, and legal fees. To prevent debtors from being left on the street, after the sale, they will in any case receive money to buy housing at the minimum rate for all family members. That is, a family with two children will be able to buy some kind of housing, even if the apartment does not cover the amount of the debt.

The apartment will be taken away, but will not be left without housing

The Ministry of Justice proposes to foreclose only those real estate that is 2 times larger than the standard area in terms of area and at a price 2 times more expensive. That is, if the debtor does not pay the loan or alimony, but lives in luxury, his home can be put up for sale in order to pay off the debts. The difference will be returned.

If you have two adults, two children and an apartment in Moscow with an area of ​​70 sq. m, it cannot be taken for debts.

If your ex-husband lives in a small one-room apartment in Tula, he will not be obliged to give this housing on account of the alimony debt.

If you inherited a large, but old house, and it costs less than two norms in the region, it will not be taken for debts either. Area and price conditions must be met at the same time.

And if we live with a mother-in-law, brother and cousin, they are entitled to the norm?

Family members are the spouses, children and parents of the owner (Article 31 of the LC RF). Mother-in-law, brother, aunt and grandfather can also be recognized as family members, if it is in this capacity that you moved them into the apartment and registered them there. That is, they run a common household with you and do not pay you for food.

The composition of the debtor's family members will be determined by the court. You can ask the neighbors to confirm that the relatives did not come to visit for the weekend, but have been living with you for a long time. If there is other evidence, provide it (Article 55 of the Code of Civil Procedure of the Russian Federation).

It turns out if you haven't paid for the refrigerator - will they take the apartment?

The court will take into account the proportionality of the debt and the value of the property. The bailiffs will be denied a claim if the debt, taking into account court costs, is less than 5% of the price of the apartment. You will not be able to put up the only housing for auction if after the sale you are entitled to more than 50% of its value.

For example, you have a large apartment in the center of Moscow, live there with your wife and have not paid 50 thousand rubles for a TV set. The bank cannot go to court with the requirement to put your property up for auction and pay off the debt.

What if I have a small house, but a lot of land?

The Ministry of Justice has come up with a solution for such cases as well. By a court decision, the site will be divided. You will be left with the minimum area that you need to operate the house. The rest will be put up for auction.

And what should I do now?

The law has not yet been adopted. But the Ministry of Justice justified the amendments by protecting the interests of minor children and creditors. Banks cannot receive money from debtors living in luxury apartments. Parents do not provide their children with housing in case of divorce or refuse to support them. The bailiffs do not have mechanisms for collection. These are weighty arguments for the deputies and the public.

If the law is adopted, it will take effect 3 months after its official publication. Now you can prepare yourself to be honest.

Agree in advance with the bank on debt restructuring. Create a payment schedule and stick to it. Talk to the bailiff and start paying off your debt regularly.

If you have children, but they are registered with your mother-in-law, register them in your apartment so that housing standards are considered for all family members.

If your grandmother constantly lives with you or you are caring for a disabled relative, it is worth registering for them. Collect evidence for the court that this is a family member and not a guest. The court will consider all the circumstances and may increase the norms of the living space.

If a share in your apartment formally belongs to a person who has a lot of debts, register the property for yourself. If you have a share in your parents' apartment and have a lot of debts, do not put someone else's property at risk - donate the share to your parents.

Make the right marriage relationship. If you do not live with your spouse and have a common apartment, dissolve the marriage and divide the property so as not to be responsible for his debts. If you have a civil marriage, and the property is joint, put a stamp in your passport so that when calculating the rate, the court takes into account all family members.