How debtors can protect their only home

The Association of Lawyers of Russia reminded that the only housing is protected from foreclosure. Even in bankruptcy it cannot be taken away. However, in practice sometimes situations arise when it is necessary to prove that the housing is the only one.
"There are many nuances related to bankruptcy and the only housing," said Natalia Greshnova, executive director and chief of staff of the Saratov regional branch of the Bar Association. - The only residence is considered to be a house, apartment or a room where a debtor with his family is registered and lives if he has no other residential property. If a debtor has two or more residential properties, the court shall consider the interests of the debtor and his/her family members while determining the property for sale".
According to her, after the bankruptcy the debtor should still own the property suitable for year-round residence and having enough space for each member of the family. However, the only housing that was purchased with the help of mortgage that was not repaid at the moment of bankruptcy proceedings shall be included into the bankrupt estate and subject to realization regardless of who lives there.
According to her, after bankruptcy the debtor should have in his property real estate suitable for year-round residence; its area should be enough for each member of the family. However, the only housing that was purchased with the help of mortgage that was not repaid at the moment of bankruptcy proceedings shall be included into the bankrupt estate and subject to sale regardless of who lives there.
According to her, in order to protect the only residence from foreclosure, the debtor must have proof of the following conditions. The first is that the dwelling is really the only one. To do this, you can attach an excerpt from the Registry Office for several years, which states that the debtor did not have any other residential premises. Secondly, the debtor is residing in the residential property (the place of registration shall preferably coincide with the residential address). Third: the cost of housing is not much higher than similar properties in the same part of the settlement. This can be supported by an assessment or opinion of an expert organization.
If the size of housing exceeds the standards of apartments for social rent per person, it is necessary to prove that there are other family members living in the apartment. "It is also possible to indicate that this apartment was chosen based on the infrastructure of the area in which it is located (schools, kindergartens, where the debtor's children study, and the like)," says the representative of the ALR.
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