RBC
Debts of relatives and unpaid mortgages: for which they can withdraw an apartment
The owner can lose an apartment only by a court decision. This can happen in several cases - for example, if a transaction is declared invalid by a court decision, says Olga Balbek, chief lawyer of the Miel network.
According to part 1 of Art. 170 of the Civil Code of the Russian Federation A sham transaction, that is, a transaction made only for appearance, without the intention to create the corresponding legal consequences, is void.
1. A relative (debtor) in the process of bankruptcy proceedings or before the start of bankruptcy proceedings sells an apartment to you at a reduced cost.

According to part 1 of Art. 61.2 of the Federal Law "On Insolvency (Bankruptcy)", a transaction made by the debtor within one year prior to the acceptance of the bankruptcy petition or after the acceptance of the specified petition may be declared invalid by the arbitration court in the event of unequal counter performance of obligations by the other party to the transaction, including in the case of if the price of this transaction and (or) other conditions significantly for the worse for the debtor differ from the price and (or) other conditions under which similar transactions are performed in comparable circumstances (suspicious transaction). In particular, any transfer of property or other performance of obligations will be recognized as unequal reciprocal performance of obligations if the market value of the property transferred by the debtor or other performance of obligations carried out by the debtor significantly exceeds the value of the received reciprocal performance of obligations, determined taking into account the conditions and circumstances of such reciprocal performance of obligations.

For example: A relative sells his apartment to you for 5,000,000 rubles, although the market value of the apartment is 15,000,000 rubles. If this transaction was concluded between you one year before the relative was declared bankrupt, or in the process (while the court was considering the case of declaring the relative bankrupt), such a transaction for the sale and purchase of an apartment may be invalidated and taken away from you in order to satisfy the claims of the relative's creditors.

2. A relative (debtor) in the process of bankruptcy proceedings or before the commencement of bankruptcy proceedings transfers his apartment to you.

According to part 2 of Art. 61.2 of the Federal Law "On Insolvency (Bankruptcy)", a transaction made by a debtor for the purpose of causing damage to the property rights of creditors may be recognized by an arbitration court as invalid if such a transaction was made within three years before the adoption of the application for declaring the debtor bankrupt or after the adoption of the said application and as a result of its commission, damage was caused to the property rights of the creditors and if the other party to the transaction knew about the specified purpose of the debtor at the time of the transaction (suspicious transaction). It is assumed that the other party knew about that if it was recognized as an interested person or if it knew or should have known about the infringement of the interests of the debtor's creditors or about signs of insolvency or insufficiency of the debtor's property.

According to part 1 of Art. 170 of the Civil Code of the Russian Federation A sham transaction, that is, a transaction made only for appearance, without the intention to create the corresponding legal consequences, is void.

For example: A relative understands that he has a significant debt burden and there is a risk of being declared bankrupt. He transfers his real estate title to you (for example, under a gift agreement) so that in the future, when initiating a bankruptcy case, he de jure does not have property that can be included in the bankruptcy estate to satisfy the claims of creditors. If this donation agreement was concluded by you within three years and you knew that a relative is trying to "hide" the apartment from creditors, then there is a risk that it will be foreclosed and included in the bankruptcy estate.

3. In the event of the bankruptcy of a spouse who does not have liquid assets. The debtor's creditors will demand the division of the jointly acquired property of the spouses and the sale of the debtor's share.

According to part 1 of Art. 38 of the Family Code of the Russian Federation, the division of the spouses 'common property can be carried out both during marriage and after its dissolution at the request of any of the spouses, as well as in the case of the creditor's claim on the division of the spouses' common property in order to foreclose on the share of one of the spouses in total property of the spouses.

For example: Your spouse is in the process of bankruptcy, or someone has filed a debt claim against him. At the same time, the spouse does not have money and any other property that satisfies the creditor's claim. The creditor applies to your spouse with a demand to foreclose on his share in your common joint property. As a result, the court will allocate shares in the apartment and transfer your spouse's share to his creditor.