Что нужно знать про выселение из приватизированной квартиры

Автор: admin  //  Рубрики: Вопросы юристу

Что нужно знать про выселение из приватизированной квартиры

Рассмотрим ситуацию: брак не заладился и распался. Между некогда обожавшими друг друга  супругами,  не осталось никаких связей. Только  жилая недвижимость. Да и то она  принадлежит лишь одному  из них. Ну и как следствие -  другой супруг утрачивает право пользования данным жилым помещением.

Все это, конечно, происходит только в том случае, если иной вариант  не предусмотрен заключенным заранее договором между супругами.

Данное соглашение является брачным договором, либо его составной частью.

В случае, если такой  договор не был заблаговременно заключен, но невольному  выселенцу некуда выезжать (его финансовые возможности не позволяют купить новую жилую площадь), то ему позволяется жить в не принадлежащей ему жилой недвижимости, но только лишь определенное время, длительность которого назначается  судом.

В теории, этот срок допускается продлевать, но вероятность данной процедуры законом не урегулирована.

Если же мы имеем дело с  выселением социально незащищенных граждан, то продление такого срока вполне вероятно.

Аналогично может рассматриваться и ситуация  в отношении тех граждан, которые на момент завершения определенного судом срока проживания ухудшили свое материальное положение. Например, тяжело заболели или же потеряли работу.

В случае, когда  все эти обстоятельства, мешающие  гражданину приобрести иное жилье, появились после завершения срока и после вынесения решения о его выселении из квартиры/дома, суд имеет основания продлить проживание в данном объекте жилой недвижимости, но лишь предоставлением отсрочки исполнения принятого ранее решения суда.

Кроме лиц, имеющих право на алименты, правом проживания в данной  квартире/доме  сохраняют и лица, которые имели с собственником одинаковые права пользования этой  жилой  площадью при его приватизации.

Данное  право остается за ними без всяких ограничений: даже в случае  предоставления им  другого жилого помещения -  их нельзя выселить.

Собственники жилья не имеют право, пренебрегая интересами и правами  бывших членов семьи, живущих в данной квартире, вселять в нее других граждан. Они вправе затребовать устранения данных нарушений даже и от владельца жилплощади.

В случае же улучшения материального положения бывших членов семьи, возможно прекращение права пользования жилплощадью и до завершения срока, установленного судом.

Из всего вышесказанного вытекает, что бывший член семьи, имевший  на момент приватизации равные права с нынешним владельцем  жилой недвижимости, но впоследствии отказавшийся от приватизации, не может быть выселен, так как владеет правом пользования данной квартирой/домом.

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Выселение из приватизированной квартиры

 

 

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127 комментариев к записи “Что нужно знать про выселение из приватизированной квартиры”

  1. Laralaram сказал:

    о, о каких печальных вещах вы тут пишите… но жизнь есть жизнь… куда денешься от неё?

  2. admin сказал:

    А для веселья у меня есть «Озорная страничка». Милости просим.

  3. Evgeny сказал:

    Не подозревал, что бывший член семьи, имевший на момент приватизации равные права с нынешним владельцем жилой недвижимости, но впоследствии отказавшийся от приватизации, не может быть выселен. А если владелец решить продать квартиру, тот кто не учавствовал в приватизации сможет помещать?

  4. admin сказал:

    Немного не корректный вопрос. Он не обязательно будет мешать — он просто имеет право жить и пользоваться этой жилплощадью.
    «Теоретически» сделка может состояться, но «счастливый» покупатель приобретет жилье с соседями. Ну а дальше суды, суды…
    Но все это теория. Для решения конкретного вопроса нужно обратиться в хорошее агентство недвижимости Вашего города. Удачи.

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