The expert told when an apartment can be taken away for the debts of relatives

He clarified in an interview with RIA Novosti that this is possible if the debtor reached an agreement with his relative and gave him an apartment in order to hide it from creditors.

"It can be an imaginary or sham deal, a deal that violates the rights of third parties, and so on. These are all different legal grounds for termination, but they all lead to the fact that this transaction is annulled, the property is returned to the previous owner, and in the usual manner a claim is made against him", - the expert said.

He stressed that the owner will certainly take away the property if he knew or should have known that it was being transferred urgently, and the real purpose of the transaction is the intention to hide the property. In addition to intent, the reason may be the too low price at which the apartment was sold.

"What underestimation is permissible - it will be decided by the court. In some cases, even 15% below the market may be considered an unacceptable understatement, and sometimes 30% may be considered normal. The only criterion that has been established is the position of the Supreme Court, which established that if the understatement was two or more times lower than the market, then there is definitely an unequal counter view", - Danilov said.

The third option, in which the apartment will have to leave because of debts, concerns the property of the spouses. The bailiffs will check the debtor on the base and see that no property is recorded on him, then the creditor will go to court with a claim for the allocation of such property recorded on the other spouse. The lawyer clarified that the practice of registering property on wives or husbands has not worked for a long time. Even with a prenuptial agreement today, creditors know how to cope. Especially if the contract was concluded after one of the spouses started having financial problems, or if the contract was concluded long ago, but with a serious bias in favor of one of their spouses.

Earlier, Viktoria Shakina, a member of the Russian Bar Association, told how to protect herself from her husband's debts.