How to step-by-step give up your share of the apartment in favor of the state?

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I'm also interested in how to get out of there without my presence and without a power of attorney for someone from my family, because they just don't want to waste time on it.

I have 1/6 of an apartment in Ukraine, I wanted to give it to my mother. I made a power of attorney for a gift in Poland

The power of attorney must be valid until September, it is already with the mother, translated and certified. After receiving the document, the mother changed her mind and no longer wants to accept the gift.

I have been living in Poland for 5 years.

01.05.2023 13:51 742

Answers

Photo of lorina200215 Lorina Fedan

Regarding giving up one's share of the apartment in favor of the state. It is not possible to simply give up a share in an apartment, as it is the right of ownership. If you need to terminate this right, it is necessary to draw up an agreement on the alienation of the share, it may include a donation agreement, a sale agreement, and a lifetime maintenance agreement.

As for how to get out of the apartment, you need to either personally contact the relevant authorities directly in Ukraine, or you still need to give a power of attorney to someone from your family for the right to file and take actions to remove you from registration.

According to the current legislation, deregistration of a person without his consent is possible only in court (if relatives do not help you with the documents):

  • a court decision is required on deprivation of the right to use residential premises (and on eviction without providing another residential premises);

  • in order to obtain a positive result, it is necessary to competently and fully form the evidence base of the claim statement;

  • by submitting an application to the court for deregistration through the court, witnesses are required to confirm that you have not lived there for at least a year.

One of the proofs can be the act of the ZhEK commission, which should state that your residence and stay there were not discovered.

You will also need to prove that you have left for permanent residence and are not going to return.

04.05.2023 15:22

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