Share in percentage. How much, how to calculate.

27.11.2017
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Entrance is a ruble, exit is two. Suddenly, government support for families with two children turned into a trap that prevented a person from disposing of his property or changing his place of residence. By law, all family members must receive shares in an apartment purchased with maternal capital. But in the end, such an apartment cannot be sold without permission from the guardianship authorities, and sometimes it is simply impossible. In addition, a new danger has emerged for home buyers. An apartment “with capital capital” is difficult to calculate, and its accidental purchase may be canceled by the court.

By law, housing purchased using maternal capital must belong to all family members - each has their own share. If there is a regular purchase, then the division into shares can be indicated immediately in the purchase and sale agreement. However, there may be only one buyer, but then, within 6 months after registration of the transaction, he is obliged to allocate shares to family members - his spouse and children.

Evgenia Svintarzhitskaya
lawyer at BK-Real Estate LLC
When finished housing is purchased using maternity capital, a purchase and sale agreement is concluded in which the participation of maternity capital is necessarily noted. That is, this information is transferred to Rosreestr. If the owner does not allocate shares to family members and tries to sell the property, the registering authority will suspend the transaction until the violation is eliminated, that is, until the family members receive their shares.

It should be noted that the owner of the property does not bear any responsibility for not allocating shares to loved ones. As already mentioned, he may be prohibited from the transaction, or the prosecutor’s office may go to court, which will force the citizen to transfer shares. Or the court itself will distribute the shares between family members. The court may also require the apartment owner to return the capital funds to the Pension Fund, but for now this is rather an exceptional measure.

New law on microshares

The bill is aimed against so-called raiders who register ownership of micro-shares and then survive the current owners. There are cases when people were left homeless or were looking for money to buy out microshares. The introduction of amendments should limit fraudulent schemes.

The initiative was submitted for discussion to the State Duma on December 21, 2017. The bill has already passed the first reading and amendments are being prepared. However, it is too early to talk about its application - as of the first half of 2020, it has not yet entered into legal force . However, courts use some of the sentences when making their verdicts.

The main essence of the law on microshares:

a ban on their sale to strangers;
restriction in registration (registration) if the share does not correspond to the minimum housing standard per person (from 8 to 15 m²);
a ban on moving into an apartment if the owner’s share is less than the accounting norm (footage).

An exception would be the splitting of an apartment into microshares as a result of privatization or inheritance.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

Grandmother owns a room in a communal apartment. A pensioner wants to leave her home to her grandchildren. The problem is that there are 5 grandchildren. If the inheritance opens, the room will be divided among all the grandchildren.

Each of them will receive 1/5 of the share, i.e. microlobe.

According to the new law, such a division does not pose any problems, since there is a family connection.

The 3-room apartment belongs to four owners. One of them wants to split the ¼ share into 2 parts - keep ⅔ for himself and sell ⅓ to his friend.

However, the buyer is not a family member and is not listed as a relative of any of the occupants. If previously it was possible to purchase a third ¼ share and take possession of 1/12 of the housing, the new law will limit such fragmentation.

Considering that 1/12 in a 3-room apartment is a micro-share, the transaction will not take place. The new owner will not be able to live in the apartment, since part of it is less than the housing registration norm - 8-10 m².

Nuances of apartment privatization

A citizen can again become a tenant if he privatizes the apartment or if the agreement on the gratuitous transfer of residential premises into ownership is declared invalid by a court decision. Deprivatization is a process when a citizen voluntarily transfers housing into state ownership. For example, a person, having become the owner of a residential premises, is faced with financial problems and is unable to bear the costs of its maintenance and repairs. Then he can become an employer again. If you decide to deprivatize an apartment, then you need the consent of all its owners who previously participated in the agreement. If it is received, you can submit an application and the necessary documents to the relevant government authorities. It will not be possible to return to the status of a tenant if at least one of the owners is against it, the apartment is encumbered with obligations (for example, it is collateral for a loan), or the house is declared unsafe. There is no opportunity to privatize the apartment again.

An agreement on the gratuitous transfer of housing into the ownership of citizens may be declared illegal by a court decision. For example, during privatization the rights of persons temporarily absent from residential premises were not taken into account. In such a situation, the opportunity to become owners remains, since privatization is considered failed.

09 Jun 2020 uristland 538

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By maternity capital

Purchasing housing using maternity capital requires allocating shares to mom, dad and children. It is important to ensure comfortable living in the apartment. Therefore, the law has a clear requirement to allocate children a share that corresponds to the minimum living standard.

Parents may not allocate equal percentages to themselves and their children. It is rational to calculate the size of shares in proportion to the amount of capital. See what part of the monthly rent was spent on buying an apartment. From here you can secure the children's and adult parts in the living space and conclude an agreement on determining the shares.

For accommodation

The desire not only to register, but to live in an apartment, presupposes a minimum share in the property. The calculation is carried out depending on the size of the apartment:

4-room or 3-room – at least ¼ of the share in the common law (room);
2-room – ½ apartment ;
1-room, studio or small family - entirely (with the exception of spouses, parents and children).

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

The minimum allowable standard for one person to live is 6 m². This area is allocated in dormitories, service apartments and flexible housing.

For registration (registration)

Not everyone wants to own a share and live in an apartment at the same time. There are people who would be satisfied with registration at the place of registration of property rights. For example, to register for school, kindergarten, employment, receive medical and social assistance, and apply for a pension.

However, more and more courts are refusing to allow plaintiffs to register for meager shares . Explanation: the latter do not correspond to the minimum housing standard per person.

Our family wants to buy a share in an apartment for the purpose of registration in it. Tell me, what should be the minimum size of this share? One seller offers us 3 m², and the second one offers us 1 m². Can the local Federal Migration Service refuse registration in such an area, and are there any standards at all?

Currently there are no specific parameters for the area for registration (registration) of citizens. The law determines the minimum housing standard per person – 12 m², but these indicators differ in the regions.

It is recommended to buy shares that can be represented as isolated premises. If you buy such a room, there will definitely be no problems with registration.

At the same time, you will be able to live in the room. There is no point in purchasing 1 or 3 m² just for registration. Focus not on the “squares”, but not on the actual living space. Thus, you will avoid the risk that the remaining co-owners will buy out your meager portion.

Is it possible to privatize several apartments for one person?

Until March 1, 2013, FREE PRIVATIZATION is possible by law in Russia. This is the transfer of municipal housing into personal property. You can privatize residential premises ONCE. A person who has used the right to privatization cannot subsequently participate in the privatization of other housing. There is no paid privatization now. It may be introduced after the cancellation of the free one.

Interesting read: What applies to OSes in 2020

Now about your situation. You are going to buy an apartment that is OWNED by another person (and not municipal). There is no need to privatize it anymore. You will be the new owner of this apartment based on the purchase and sale agreement.

For rent (hire)

Is it possible to rent out a minimum share of an apartment?

If the size meets the requirements of the Housing Code of the Russian Federation, there will be no problems with renting out. The main condition is isolation of the living space . For example, it could be a living room: living room, bedroom, etc.

The second point is the consent of the remaining co-owners . If the share is not allocated in kind, their consent is required. You cannot rent out a room without the permission of the owners, otherwise they may file a lawsuit and invalidate the transaction.

Read more about all the issues with rent in the article “Renting out a share in an apartment without the consent of the owners.”

How to calculate the minimum share?

So, we figured out that the minimum share corresponds to the accounting housing area per person. It remains to figure out how to carry out arithmetic calculations of fractions.

Zhn – housing standard in accordance with the Housing Code of the Russian Federation (example: ⅓ part of 30 m²).

We have an apartment with a total area of 80 m². Let's determine the share that allows you to both live and register in the living space:

80 m² from 1/10 of the permissible norm, i.e. 80 / 10 = 8 m² per person.

The indicator is calculated based on living space (rooms). Non-residential parts of the apartment and house are not included here. Co-owners have equal rights to use them. Read more about calculations in the article “How to calculate the share in the right of common ownership of common property?”

How many apartments can one person in Russia own?

How many apartments can be arranged for one person? Answer for DiSi: DiSi: But privatization remains with those relatives who once privatized the apartment for themselves, or where does it go? Privatization is the transfer of ownership.

The state has transferred this apartment into private ownership to your relatives, and they are transferring it to you. reply DiSi Nov 16 2008 18:16 How many apartments can be arranged for one person? That's it, I understand, thank you very much everyone! No more questions to answer Svet 16 Nov.

2008 19:04 How many apartments can be arranged for one person? Reply for DiSi: I advise you to register the apartment as a purchase, and indicate in the contract the amount less than 1 million, then you and your relatives are exempt from tax. Reply DiSi Nov 16

2008 19:12 How many apartments can be arranged for one person? Reply to Svet: I think it was written above that there will be no need to pay tax.. reply nopinnik November 16

How many apartments can you own without increasing taxes?

Coordination of redevelopment in the BTI After the BTI survey, did you receive a floor plan in red lines? In this case, it is necessary to legalize the previously completed redevelopment.

That is, a residence agreement between the owner of the apartment and the person who will temporarily live in it, without transferring ownership of this apartment.

Can 1 person own 2 apartments? That is, in principle, your mother-in-law can have one, two or three.

If the first apartment was acquired by your mother-in-law under a privatization agreement, then she will no longer have the right to participate in the privatization of the second (at the place of registration), because The law gives the right to purchase residential premises free of charge only once (privatize). I hope I answered your question. Sincerely Lukyanenko O.S.

How many apartments can you own?

But nevertheless, the citizen will be provided with new housing from the state on the basis of a social tenancy agreement.

Participation in free privatization is allowed if a person already has separate housing. For example, an apartment under a purchase and sale agreement, received as a gift, by inheritance. The chance for free privatization of housing from the state is not going away.
If a person has the right to re-privatization, this does not mean that the procedure must necessarily occur. You can write a waiver of the procedure if, say, a person intends to transfer ownership of another municipal property.
It is prohibited to transfer your right to re-privatization to other persons if the latter have already taken advantage of their attempts.

How many apartments can you own?

Important / Housing disputes / How many times can you participate in privatization

1 Is it possible to participate in privatization a second time?
2 Exceptions
3 How many apartments can one person privatize?
4 Which housing cannot be privatized even for the second time?
5 How to take part in privatization again? 5.1 Order and procedure for re-privatization
5.2 Documents

6 Nuances of the procedure

The state gives the right to obtain housing completely free of charge and legally. No, we are not talking about buying and selling or renting an apartment. There is a very profitable and simple procedure called privatization.

But at the same time, the right to receive housing has a number of restrictions - a person can take advantage of the attempt to privatize an apartment or house only once in his life. Attention: How many apartments can I rent per person? Answer for DiSi: Of course you can! At least ten! A citizen has the right to own an unlimited number of apartments, houses, villas and other real estate if he has money for taxes reply DiSi Nov 15 2008 00:23 How many apartments can be arranged for one person? Answer for grom: i.e. And is it possible to privatize it? reply Sandy Nov 15 2008 01:56 How many apartments can be arranged for one person? Reply to DiSi:DiSi:is it possible to privatize it? No. One person can privatize free public housing only once. The rest of the property can be purchased for money. However, privatized housing can be transferred to another owner by inheritance or as a gift. But you have to pay tax. Experts in this field can give a more accurate answer. reply Rainbow 15 Nov.

How many apartments can one person own in Russia?

We remind you that residential premises transferred to citizens on the basis of a social tenancy agreement or order are subject to privatization (Article 2 of Federal Law No. 1541-1).

This includes persons who have lost privatized housing due to man-made disasters, natural disasters, terrorist attacks and other unfavorable factors.

If those who have lost their housing have nowhere else to live, they have the right to repeat the procedure, but in a different apartment. And again a life situation. Example: Gladenko V.A.

lived in municipal housing under a social tenancy agreement, and then privatized it.

But soon misfortune struck the region - the house in which Gladenko’s apartment was located was destroyed by a mountain landslide. The man himself was not injured, but lost some of his belongings and housing. The state provided assistance to the victims - in particular, Gladenko received compensation.

How many apartments can you own?

how many apartments can you own?

How many apartments can you own?

Looking for an answer?

Can 1 person own 2 apartments?

How many apartments can you own? In the Housing Law section, the question is: How many can one person have, and do they need to pay any taxes? The best answer given by the author Igor is Exactly as much as he wants and for as much as he has money.

For each apartment, of course, you need to pay property tax. There are no restrictions on the amount of living space. Property taxes must be paid annually for each property.

Have as much as you want! The tax is currently 0.1 percent of the cost of the apartment (paid once a year).

The demand was satisfied, since it was established that the child did not receive his due share in the apartment.

The apartment was deprivatized, and all members of the Sokolov family received the right to participate in the transfer of housing ownership for the second time.

The example clearly shows that despite the exhaustion of the attempt for free privatization, people received a chance to participate in the procedure again.

Source: https://pbcns.ru/skolko-kvartir-mozhno-imet-v-sobstvennosti-odnomu-cheloveku-rossii/

New tax: two apartments will cost a pretty penny, but VIP dachas are not taxed

Register Login. Mail replies. Questions - leaders Where to get a loan without refusal on the card? How low does the North American currency have to go for you to take it? Electronic signature certificate 1 rate.

Interest-free loans from microfinance organizations: scam or reality? Leaders of the category Anton Vladimirovich Artificial Intelligence. Sour Supreme Intelligence. Student 18, closed 6 years ago Added 6 years ago. Best answer.

A minor can participate 2 times. The first time before turning 18 years old, and the second time after. Other answers.

Alexey Menshikov Guru 6 years ago, even Otar Korkiya Sage 6 years ago, who’s in the way and why not??

Svetlana Dyatlova Thinker 6 years ago Registration in one. Olga Pavlova Oracle 6 years ago Of course you can, if you have money, buy at least ten. Mikhail Borovkov Sage 6 years ago Not only is it possible, but it is also necessary. I wish I knew how.

Twilight of the Mind Thinker 6 years ago at least a hundred! And registration is like a conscience, only one. Lek Thinker 6 years ago as much as you like. Registration on the property is not required.

In one single case: if a person participated in the privatization of one apartment as a minor, and another after 18 years.

Just make a distinction: if you own an apartment from the secondary market, then, naturally, it has already been privatized - by the current owner or the previous one, it doesn’t matter. Maxim Aurorov Higher Intelligence 6 years ago You can have similar questions. They also ask.

“A person can have two or three apartments. The benefit is provided regardless of their number"

If one apartment is registered in my name, is it possible to register another one in my name? Answer for DiSiprivatization can only be done once. Answer for nopinnik: yes, that is, it’s like they’re giving me a one-room apartment, but one apartment is already registered in my name and privatized, is it possible to register another one in my name? Answer for DiSi: Of course you can!

There are often cases when one person can have ownership of several residential properties - entirely or own shares in them. This can happen for various reasons: a citizen can buy living space, receive it as an inheritance, or as a result of a deed of gift. Homeowners often have a question: how many apartments can one person own?

Register Login. Mail replies. Questions - leaders Where to get a loan without refusal on the card? How low does the North American currency have to go for you to take it?

How many apartments can one person own?

A new real estate tax has come into force in Ukraine: the Ministry of Revenue today began sending out new payments.

The new fee does not apply to houses and apartments of large families and families with adopted children of three or more children, to state real estate and real estate of local authorities, to houses and apartments in exclusion zones, family-type houses, no more than one dacha per taxpayer and dormitories.

In this case, the tax is calculated only on the residential area, and not on the total area of the premises. The tax is accrued for a year, that is, from January 1 to December 31, but is paid within two months after receipt of the payment by individuals.

Legal entities pay it in quarterly installments: they will need to pay the tax for the 1st quarter by April 29, the ministry’s press service clarified. Homeowners will pay a tax for each square meter in excess of the preferential area of m2 for apartments and m2 for houses. That is, the area of several apartments does not add up. This money will need to be paid within two months after receiving the payment.

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Citizens have the right to own any number of apartments, however, to be registered only at one place of residence. See what “How many apartments can you own” mean in other dictionaries: and Pb.] the capital of Russia and the residence of the Russian Imperial House. Fates.

Source: https://otoplenie-pod-kluch.ru/predprinimatelskoe-pravo/skolko-kvartir-mozhno-imet-v-sobstvennosti-odnomu-cheloveku-rossii.php

Is it possible to own two apartments?

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Law on the sale of shares in real estate

On January 2, 2020, amendments to Federal Law No. 218-FZ “On State Registration of Real Estate” came into force. The law separately regulates new rules for the sale of shared ownership.

Allocating a share in an apartment is impossible if its size does not allow the owner to fully live in the allocated area. The law establishes an accounting minimum for living with all amenities. If the share does not reach this standard, it will not be possible to sell it;
Each region of the Russian Federation has its own norm for a separate share. Its footage, depending on the region, ranges from 8-15 square meters per participant. For Moscow, for example, the minimum norm is 10 sq.m.

The same rules apply for registration. Registration of a citizen is impossible if the size of his share does not reach the established norm.

An exception is allowed for relatives of the owner, but this aspect has not yet been approved. The apartment can no longer be divided into an indefinite number of owners.

It can be divided into shares as a percentage based on the minimum size of the share area.

Please note that the bill only provides for cases of sale of a share of property. If we are talking about the allocation of a share during privatization, inheritance or division of property during divorce, it does not apply to these situations. It should be noted that some provisions of this law will not enter into force until January 1, 2020.

How many apartments can one person own?

Hello! At work, my husband is paid wages in square meters, i.e. he already owns 6 apartments and needs to be given another one. I heard that in 2020, if you own more home, your taxes will increase, is that true? And how many apartments can one person own?

According to paragraph 2 of Art. 213 of the Civil Code of the Russian Federation: The quantity and value of property owned by citizens and legal entities are not limited, except for cases where such restrictions are established by law for the purposes provided for in paragraph 2 of Article 1 of this Code.

How many apartments can you own?

Real estate - (Real estate) Definition of real estate, types of real estate, rental and sale of real estate Information about the concept of real estate, types of real estate, rental and sale of real estate, taxation and insurance - this is a type of property... ... Investor's Encyclopedia

St. Petersburg is the capital of Russia * - (Petersburg, Petrograd, Peter [In this article, instead of the words St. Petersburg, abbreviations are made: St. Petersburg and St. Petersburg] the capital of Russia and the residence of the Russian Imperial House. The fate of the area of present St. Petersburg. until 1703. In 1300 the Swedes placed the city over ... Encyclopedic Dictionary of F.A. Brockhaus and I.A. Efron

Number of apartments for which ownership rights can belong to one person

However, there are exceptions to this rule, which are set out in the Law of the Russian Federation “On the privatization of housing stock” No. 1541-1.

If the property was privatized by a person who was under the age of majority at the time of the procedure, then after he reaches 18 years of age, he can privatize another living space.

Thus, he will become the owner of two privatized apartments.

Thus, if several apartments were purchased in new buildings in the last couple of years, then you will have to wait at least 5 years to sell them without paying income tax. A period of three years remains for objects that were obtained as a result of:

How many times can you participate in privatization?

This includes persons who have lost privatized housing due to man-made disasters, natural disasters, terrorist attacks and other unfavorable factors. If those who have lost their housing have nowhere else to live, they have the right to repeat the procedure, but in a different apartment.

a copy of the applicant's passport with the original provided;
children provide a birth certificate;
documentation for the apartment - in particular, the registration certificate (a copy is sufficient);
a document confirming the right to transfer living space into private ownership - a social tenancy agreement or a warrant (for old apartments);
extract from personal account(s);
permission for privatization - housing should not be withdrawn from circulation;
written statements from all participants;
a refusal certified by a notary, if not all residents agree;
extended extract from the house register;
confirmation of legal participation in the procedure for the second time (certificate of minor age at first participation, certificate of membership in the category of residents of the Far North, certificate of participation in a paid housing transaction, etc.);
other documents upon request.

Can 1 person own 2 apartments?

However, the question arises: how was the first apartment acquired? If she received it under any transaction, including by inheritance, then in this case she will be able to take part in the privatization of the second apartment in which she is registered and therefore acquire ownership of the specified apartment in its entirety or a share in it (depending on the number of people registered and having the right to privatization).

Russian legislation does not place any restrictions on the amount of real estate acquired by a citizen and owned by him. That is, in principle, your mother-in-law can have one, two or three apartments.

Our family is interested in whether it is in accordance with the provisions of the Constitution of the Republic of Belarus that some citizens own 2–3 or more apartments (or separate individual houses and apartments) while more than 600 thousand families are on the waiting list for improved housing conditions. or have no housing at all or whose housing supply is below the established norm?

— privatization of state housing stock occupied under a rental agreement; — registration of ownership of residential premises by a member of the organization of citizen developers (housing cooperatives, residential complexes, MZhK, KIZ); — acceptance of residential premises as an inheritance; — execution of civil transactions (purchase and sale, donation, exchange of residential premises, etc.); — construction of a residential building, part of a residential building, apartment; - obtaining ownership of a residential building or apartment instead of a demolished residential building in connection with the seizure of a land plot for state needs;

- on other grounds provided for by the legislative acts of the Republic of Belarus.

How many times can you participate in housing privatization?

In general, despite the apparent simplicity of re-privatization, it is a complex legal process.

Therefore, it would be best to contact a professional lawyer who can collect all the necessary documents, represent your interests in all government agencies, and enforce a court decision declaring privatization illegal. All this will save not only your energy, but also time.

Article 11 of the Federal Law “On Privatization” contains a direct indication that every citizen has the right to free privatization of housing once in his life.

In the same normative act, in its second article, it is determined that absolutely all citizens can go through the procedure for free access to property, regardless of gender, age, presence of diseases, disabilities, criminal records, and other things.

However, only once in a lifetime. The requirements that the legislator sets for persons wishing to privatize residential premises:

How much real estate can you own?

Another essential condition of a real estate purchase and sale agreement is price. If there is no condition on the price in the contract, then it is also considered not concluded. The transaction amount in the contract should be indicated in Belarusian rubles.

At the same time, the Civil Code allows to indicate in the contract the possibility of payment in Belarusian rubles in an amount equivalent to a certain amount in foreign currency.

In this case, the amount payable in rubles is determined at the official exchange rate on the day of payment.

The purchase and sale agreement for a residential building (land plot) must contain data that allows one to definitely identify the real estate to be transferred to the buyer under the contract - the address of the house, its area, cadastral number, area and location of the land plot. In the absence of this data, the contract will be considered not concluded.

Repeated privatization: who has the right and how many times can one person participate in the privatization of an apartment

An essential point in this law is the clause that both family members of the tenant of the premises and those persons who are registered but do not have family relations with the tenant participate in the registration of housing ownership.

Family members of a tenant of residential premises under a social tenancy agreement include his spouse living with him, as well as the children and parents of this tenant. Other relatives and disabled dependents are recognized as family members of the tenant of the residential premises under a social tenancy agreement if they are settled by the tenant as members of his family and run a common household with him. In exceptional cases, other persons may be recognized as family members of the tenant of a residential premises under a social tenancy agreement in court.
Family members of the tenant of a residential premises under a social tenancy agreement have equal rights and obligations with the tenant. Members of the family of the tenant of a residential premises under a social tenancy agreement who are capable and limited in their legal capacity by the court bear joint and several liability with the tenant for the obligations arising from the social tenancy agreement.
Family members of the tenant of residential premises under a social tenancy agreement must be indicated in the social tenancy agreement for residential premises.
If a citizen ceases to be a member of the family of the tenant of the residential premises under a social tenancy agreement, but continues to live in the occupied residential premises, he retains the same rights as the tenant and members of his family. The said citizen is independently responsible for his obligations arising from the relevant social tenancy agreement.

How many residents can be registered in one apartment?

It is important to know that the tenant of housing owned by a municipal body can register his spouse, minor children and parents without any conditions. In this case, the conditions in the social tenancy agreement are subject to changes. In the new document, the number of tenants will include the person with whom the agreement was drawn up earlier, and his relatives registered in this area.

Thus, in order to find out how many people are allowed to be registered in municipal housing, you first need to find out the area norm in your region. You can get the answer by dividing the area of the apartment by the required standard. For example, on an area of 50 sq.m, with a standard per resident of 10 sq.m, it will be possible to register 5 people (50:10=50).

Is it possible to privatize several apartments for one person?

Source: https://ladyjurnal.ru/zhilishhnoe-pravo/skolko-mozhno-imet-kvartir-v-sobstvennosti-odnomu-cheloveku