Question answer
CAN A BSK ORGANIZATION FORCEFULLY INCLUDE A NEIGHBORHOOD WITHOUT RESIDENTS’ CONSENT?
According to the Law “On Managing Multi-Apartment Buildings” (07.11.2019), homeowners freely choose the management method at a general meeting, with a majority of more than 50%.
CAN A MOTHER INHERIT FROM HER DECEASED SON ALONG WITH HIS ADULT CHILDREN?
According to Article 1135 of the Civil Code, parents, spouse, and children of the deceased are first-priority heirs and inherit equal shares.
DOES A BROTHER NEED HIS WIFE’S PERMISSION TO GIFT A HOUSE TO HIS SON?
No, her permission is not required. If she is registered in the house, her right of use must be stated in the gift contract.
WE ARE THREE SISTERS… HOW CAN WE RECEIVE OUR SHARE OF THE INHERITANCE?
Children are first-priority heirs and receive equal shares. You must clarify with the notary the grounds on which the inheritance was issued.
I BOUGHT A HOUSE, BUT THE OWNER IS DEAF AND MUTE… IS A SIGN-LANGUAGE INTERPRETER REQUIRED?
If the person is literate and confirms their will in writing, a notarial act can be completed without an interpreter.
THE CAR OWNER DIED… IS MY POWER OF ATTORNEY STILL VALID?
No. Under Article 141 of the Civil Code, a power of attorney becomes invalid upon the death of the person who issued it.
I WANT TO BUY A HOUSE TAKEN ON MORTGAGE.
HOWEVER, UNTIL THE MORTGAGE IS FULLY PAID, THE HOUSE CANNOT BE SOLD. IS IT POSSIBLE TO REACH SOME AGREEMENT WITH THE SELLER TO AVOID FUTURE FRAUD?
If a house taken on a mortgage is under encumbrance, you cannot purchase it. A notary cannot certify the deal until the credit obligations are fulfilled or without the bank’s consent. This issue can only be resolved by the bank that issued the credit, by amending the mortgage contract or signing an additional agreement. The bank may allow the registration of the sale while the encumbrance remains. In this case, amendments and additions are made to the credit and mortgage agreements. Rights and obligations under the credit and mortgage contracts transfer to the new buyer, and the notary electronically registers the encumbrance in the “Notarius” automated system under the new buyer. The new buyer registers the sale in the state registry, and ownership arises even with the encumbrance.
I ACQUIRED A HOUSE WITH A SUBSIDY IN 2021 AND FORMALIZED A 20-YEAR MORTGAGE. WHAT HAPPENS TO THE HOUSE IF I DIVORCE MY WIFE?
Property acquired during a legal marriage is joint property of both spouses. If one spouse takes a mortgage loan for the family, the other spouse automatically becomes a joint debtor (even if their name is not on the loan agreement). Ownership does not matter. By default, this is joint property, and both are responsible for repaying the debt. According to current legislation, spouses can conclude a marriage contract specifying joint, shared, or separate ownership of property acquired during marriage. In case of divorce, the marriage contract can determine who retains ownership of the mortgaged apartment.
WHEN BUYING A CAR IN INSTALLMENTS, WHAT SHOULD BE DONE TO ENSURE THE OWNER’S WIFE CANNOT CLAIM OWNERSHIP WHEN THE CAR IS FORMALLY REGISTERED AFTER FULL PAYMENT?
Answer: If the car is purchased on installment terms, it is necessary to obtain a notarized consent from the owner’s spouse allowing the car to be sold under installment payments.
