Is it possible to replace alimony with an apartment?

Only housing for which the child support holder has the right of ownership can be registered for child support. This includes:

1. Real estate acquired by the payer before the marriage was registered. The second spouse does not have ownership rights to it, so the apartment can be completely re-registered to the child.
2. Share in an apartment. If a couple purchased real estate while legally married, the apartment will be considered the property of each spouse. They own ½ of the living space. The father can only transfer his half of the home to the child.
3. Donated property. The spouse must have a document in his hands - a deed of gift, thanks to which he is considered the sole owner of the apartment.
4. Inherited property. In case of divorce, the inherited apartment belongs entirely to the heir.

If the apartment can be alienated, that is, it is collateral for mortgage lending, the notary will refuse to sign the agreement. If you fail to pay the loan, the apartment is sold by the bank at auction, and the property rights of the minor will be violated.

When registering an apartment for alimony, it is important to draw up the agreement correctly.

For the payer, the danger lies in the fact that the actions can be regarded as a voluntary transfer of real estate aimed at improving the living conditions of the child.

An unscrupulous recipient, having found inaccuracies in the agreement, may, after receiving the property, oblige the payment of alimony. To avoid trouble, you should act according to the instructions.

Procedure

A parent planning to fulfill child support obligations by transferring an apartment must:

1. Calculate what payments a child can expect for the period before turning 18 years old.
2. Discuss with the other parent the possibility of concluding an agreement. Often mothers refuse this idea, believing that it is better to receive money constantly than to receive an apartment one time. If the other party agrees, the necessary documents should be prepared.
3. Draw up an agreement in the presence of a lawyer and have it certified by a notary.
4. Issue a deed of gift in the name of a minor.

For “safety net”, payers require the recipient to issue a written refusal of alimony. In practice, such a document has no legal force: the actual recipient is the child, and the parent living with him has the right to spend money due to the children’s incapacity, but only for their needs. A parent cannot give up what does not belong to him.

Spouses enter into an agreement with a notary if they have a package of documents, which includes:

• passport of each party;
• birth certificate of the child in whose favor child support must be paid;
• extract from the Unified State Register of Real Estate;
• agreement to donate an apartment to a child;
• a certificate of family composition or other document confirming the child’s residence with the child support recipient;
• calculation of child support payments for the upcoming period until the child turns 18 years old.

The notary checks the entire package of documents. If it turns out that the apartment may be withdrawn, or investments in primary housing have been made, but the apartment is not completed, the agreement does not need to be certified.

Sample agreement

Download sample agreement

Expenses

The transfer of an apartment to a child is made through the execution of a gift agreement, so costs are inevitable. Expenditure:

• legal consultation;
• printing of documents;
• certification of copies;
• payment for notary services.

The notary fee when drawing up a gift agreement will be 0.3% of the cost of the apartment or part of it, but not less than 200 rubles. (Article 22.1 “Fundamentals of the legislation of the Russian Federation on notaries”).

Additional services, the cost of which each specialist sets independently, range from 4-5 thousand rubles. The agreement is registered in Rosreestr. The state duty is 2 thousand.

rub.

500 rubles to certify the agreement as a transaction not subject to assessment. The cost of legal and technical services is set individually.

How to transfer a share of an apartment

Transferring part of the apartment is one of the options for paying off alimony obligations. In this case, the spouse must:

1. Formalize the division of property. Provisions of Art. 38 of the RF IC makes it possible to formalize division in marriage or after divorce. You can legalize the right to part of an apartment by drawing up an agreement or through the court. The statute of limitations for such cases is 3 years from the date of divorce.
2. Register property rights in Rosreestr. To do this, you must personally contact the government agency or submit documents through the MFC. It is permissible to submit documents via the Internet through the State Services website after preliminary registration in the ESIA system. Electronic documents must contain an enhanced qualified electronic signature.

To register ownership you need to prepare:

• passport;
• an application that can be filled out after arriving at the government agency;
• a document on the basis of which the marital share became property - this could be a marriage contract, a court decision, a mutually concluded agreement;
• receipt of payment of state duty, the amount of which is 2 thousand rubles;
• if registration is carried out through a representative - a power of attorney.

After receiving an extract from the Unified State Register, the alimony provider will be able to dispose of the property at his own discretion.

The division of a jointly owned apartment, even if the court allocated a larger share to the spouse, taking into account her cohabitation with children, does not mean the abolition of alimony.

Registering an apartment for alimony does not mean getting rid of responsibility. Such transactions are contestable. If a spouse files a claim to increase alimony, citing the child’s need and providing evidence of a lack of funds, the court will accommodate it halfway, since the interests of minors are paramount.

Experienced specialists in family matters recommend selling the property yourself and transferring funds to the bank account of the mother and child to pay alimony, or indicating in the agreement that the apartment is subject to mandatory sale, and the proceeds are considered alimony payments.

Having decided to transfer real estate, you need to consult with a lawyer from the website ros-nasledstvo.ru, who will help you draw up the contract correctly and avoid troubles in the future.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then :

• describe your situation to a lawyer in an online chat;
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Source: https://ros-nasledstvo.ru/kvartira-vmesto-alimentov/

Apartment for alimony: how to register with a notary, sample agreement

As a rule, alimony obligations are fulfilled in the form of monthly payments. It happens that the payer decides to transfer expensive real estate as alimony payments.

For example, an apartment is transferred to a child, and thereby the payer relieves himself of the obligation to pay alimony. This is beneficial for the child, especially when the mother does not have her own home and after a divorce she is forced to rent it.

In the article we will consider whether it is possible to register an apartment for alimony, and how to do it.

Is it possible to give away an apartment as alimony?

Family law welcomes any convenient way of financially supporting a child. The main thing is that it does not violate his interests. According to Article 104 of the RF IC, payment of monetary assistance can be replaced by movable or immovable property. Therefore, if the payer wants to transfer the apartment instead of alimony, it will be legal.

Let's consider in what situations it is possible to replace alimony payments with property.

Conclusion of an alimony agreement

The greatest freedom in choosing the method of assigning alimony is provided when concluding an alimony agreement. Parents have the right to choose whether to pay maintenance in cash or transfer it to the child in kind.

A child who receives housing instead of alimony payments should not be in a worse situation than if he received a monthly allowance.

Example 1. Spouses Stepanov S.A. and N.T. divorced when their daughter was 15 years old. If Stepanova’s mother N.T. demands child support, the father will pay it for 3 years. With his salary in the amount of 50,500 rubles.

during this period, the minor will receive 50,500 / 4 × 12 × 3 = 454,500 rubles. If the father transfers an apartment to his daughter that costs no less than the specified amount, the alimony obligations will be terminated. In case of transfer of a share in an apartment worth less than RUB 454,500.

, the father will still have a debt to his son. He will have to pay it.

Appointment of alimony by the court

If the spouses have decided to pay maintenance through the court, it will not be possible to agree on the transfer of property. With this method of assigning alimony, only a monetary form of material support for the child is possible.

If alimony payments are ordered by the court, the payer will not be able to refuse them. It is also impossible to change the method of fulfilling the obligation.

Collection of alimony at the stage of enforcement proceedings

It happens that the payer accumulates alimony debt. To collect a large debt, the bailiff seizes the debtor's property for the purpose of sale. First, funds must be collected. If they are not enough, the debtor has the right to offer other property (for example, an apartment).

The cost of housing must be commensurate with the amount of alimony debt. It is repaid in one of the following ways:

• the apartment is sold at auction, the proceeds go to liquidate the debt, the remainder is returned to the plaintiff;
• the debtor independently sells the property and transfers the money to the claimant;
• housing is transferred to the claimant in kind in order to eliminate the alimony debt.

If the debtor himself lives in the residential premises, refusal of alimony for the apartment is not allowed either voluntarily or forcibly.

What kind of housing is allowed to be transferred as alimony payments?

The payer has the right to transfer housing as alimony only if it is his personal property. You can transfer an apartment:

• purchased before marriage;
• share in joint marital property;
• gifted or inherited;
• privatized.

Read also: Postpartum payments: for the first child, for the second and third

If the apartment is mortgaged, the property is alienable. If the loan agreement is violated, it may be confiscated. Therefore, the notary will refuse to certify an agreement for such real estate, since the rights of a minor will be violated.

How is an apartment transferred to pay alimony?

Let us consider step by step the procedure for transferring residential premises for alimony payments when signing an alimony agreement.

Step 1 – calculation of maintenance amount

If the payer decided to transfer the ownership of the apartment to the minor in exchange for maintenance payments, a settlement must be made. The calculation algorithm is as follows:

1. The amount of the payer’s earnings minus personal income tax is taken.
2. The percentage of payment from earnings that would be established if alimony was assigned in shares is determined.
3. The resulting value is multiplied by 12 months.
4. The amount of annual maintenance is multiplied by the number of years remaining until the child turns 18.

We recommend making the calculation in writing.

Example 2. Ivanov E.A. decided to transfer the apartment to my daughter (10 years old) in exchange for monthly maintenance. His earnings before personal income tax are 60,000 rubles. The calculation of child support obligations will be as follows:

• 60,000 − 60,000 × 13% = 52,200 (earnings after personal income tax withholding)
• 52,200 / 4 = 13,050 (amount of monthly maintenance per child)
• 13,050 × 12 = 156,600 (annual maintenance amount)
• 156,600 × 8 = 1,252,800 (amount of maintenance for the remaining 8 years).

Thus, the cost of the apartment should not be less than RUB 1,252,800.

Step 2 – assessing the value of the property

To determine the exact cost of a residential property, you need to conduct an assessment. This issue should be left to a professional appraiser. He will conduct an examination and set the market price of the property at the time of signing the agreement.

If a dispute subsequently arises between the former spouses regarding alimony payments, the appraiser's report will serve as evidence.

Advice! It is necessary to make sure that the rights of a minor are not violated due to the difference in the amount of alimony payments due to him before reaching 18 years of age and the price of the apartment. If the estate does not cover the child support obligations, it is necessary to agree on ways of additional compensation.

Step 3 – drawing up an alimony agreement and a gift agreement

After agreeing on the procedure for transferring the residential premises, an alimony agreement is drawn up. The text must indicate:

• place of document preparation;
• date of signing;
• information about the recipient and payer (full name, address, passport details);
• information about the minor (full name, date of birth, address);
• a provision stating that the payer intends to fulfill alimony obligations by transferring the apartment into the child’s ownership;
• detailed information about the residential premises (cadastral number, address, area, etc.);
• information about the cost of the apartment according to the appraisal report and the amount of payments due to a minor under 18 years of age;
• in case of a difference between these amounts, the method of compensation;
• term for concluding the donation agreement;
• deadline for entering information into Rosreestr about the transfer of ownership to the child;
• duration of the agreement;
• procedure for making changes;
• penalties in case of violation of the agreement.

The agreement is signed by the participants personally.

Download a sample agreement on the transfer of an apartment for alimony

Along with the agreement, you need to draw up a draft donation agreement for housing, executed in favor of the child. If you have any difficulties in drawing up an alimony agreement or a gift agreement, we recommend that you contact a family law lawyer.

Step 4 – certification of the agreement by a notary

After drawing up both documents, they need to be certified by a notary office. You should bring with you:

• participants' identity cards;
• birth certificate;
• real estate documentation;
• market value assessment report;
• information about the place of residence of the parents and child.

After checking the agreement and contract, the notary affixes a certification inscription. From this moment they acquire legal force.

Step 5 – registration of property rights in Rosreestr

At the end, the gift agreement is registered in Rosreestr. After entering information about housing into the Unified State Register of Real Estate, the ownership of housing is completely transferred to the minor.

How is the share of an apartment transferred to pay alimony?

You should pay attention to some nuances when transferring the share of an apartment to a child. If the housing is jointly owned by a husband and wife, then each of them receives half. In some situations, the court may increase the share of the wife or husband if the children remain with one of them.

The shares belong only to the spouses. Children have no right to claim them. Therefore, it is impossible to offset the share in the common property towards the repayment of alimony obligations. First, you will need to divide the property and register shared ownership for each spouse through Rosreestr. Then the payer, with the consent of the husband or wife, re-registers the share as the property of the child.

Let's sum it up

Thus, spouses have the right to agree to replace alimony payments with the transfer of the apartment into the ownership of the child. The transaction is carried out in two stages. First, an alimony agreement is drawn up, then a gift agreement. Without the first document, the donated housing will not be considered proper fulfillment of alimony obligations.

Source: https://glavny-yurist.ru/kvartira-v-schet-alimentov-mozhno-li-oformit-i-kak-jeto-sdelat.html

Apartment as alimony payment: how to register property for a child

We are often asked the question: is it possible to give away an apartment as alimony? Yes, Russian legislation allows for the fulfillment of child support obligations by transferring real estate in the child’s name. Today we will learn how to draw up an agreement on the transfer of real estate, and we will also figure out whether the apartment can be subject to a mortgage or other collateral relationships for alimony payments.

Apartment as alimony payment: general concept and main nuances

In basic cases, the Family Code determines the period for fulfilling alimony obligations for the maintenance of a child until he reaches the age of majority (18th birthday). As a rule, alimony is regular, the minimum frequency of which is one month.

Therefore, many parents liable for alimony decide to pay alimony in a lump sum by transferring property, in our case an apartment or house, in the name of the child.

Agree, this is much more convenient, and in some cases, more profitable for the child himself, especially if the parent with whom he lives does not have his own home and is forced to rent an apartment.

Important! An agreement on the transfer of real estate may be regarded as voluntary financial assistance to a child to improve his living conditions, not related to alimony obligations. To prevent this from happening, carefully draw up transaction documents indicating the purpose of the transfer of property - “for alimony.”

            The transfer of an apartment for alimony can be formalized under the following circumstances:

1. Agreement between parents to replace alimony with transfer of housing:

In this case, the terms of the transaction for the transfer of the apartment are written down in the alimony agreement, which must be certified by a notary office.

1. Forcibly by the bailiff service:

A similar practice is used in enforcement proceedings against debtors who do not have a regular income or desire to work. And also, in case of particularly large amounts of debt, which the debtor cannot repay due to his lack of sources of funds.

 Note! To the amount of debt for a long period of time, bailiffs add a penalty (penalty) in the amount of 0.5% of the debt for each day of delay and an enforcement fee. Often the specified amount is close to the cost of the payer’s home.

Previously, bailiffs are required to seize bank accounts or sources of income for the amount of the debt; if this is impossible, they seize the apartment and sell it at auction.

The profit from the sale is transferred to the account of the alimony recipient, often in a smaller amount in relation to the fair market value.

If there is a balance left from the proceeds after transferring the funds to the child, it is returned to the alimony payer.

Therefore, lawyers advise in such situations to voluntarily transfer the apartment in the name of the child. This way, the cost of housing will be able to cover alimony for the long term.

Remember! The apartment, which is the payer’s only place of residence, cannot be seized and sold at auction.

Resolution of the Plenum of the Supreme Court No. 56 of December 26, 2017 determines the procedure and rules for the implementation of regulations in the field of claiming money for alimony obligations. In each paragraph of the Resolution, the emphasis is placed on the fact that when making decisions, the judge must be guided by the principles of protecting the rights and interests of children.  

What kind of housing can be used for child support?

Only the payer who has the right of personal ownership of the specified real estate can transfer housing as alimony or its share to the child. The following types of real estate can be transferred:

1. Purchased by the payer before marriage;
2. Share in jointly acquired property with the other parent (former spouse);
3. Gifted by relatives, friends or other persons (documents of donation are required);
4. Housing received as an inheritance, regardless of whether the person is officially married.

Important! If the housing transferred as alimony is subject to a mortgage, then the notary will most likely refuse to certify the agreement, since the real estate is alienable in nature. In other words, if loan obligations are not fulfilled, the apartment may be taken away and the child’s rights will be violated.

How to transfer real estate for alimony?

The family legislation of the Russian Federation has provided for all possible methods of paying alimony, convenient for both the recipient and the payer. Thus, the replacement of alimony with an apartment or other housing is defined in Article 104 of the Family Code of the Russian Federation.

According to the terms of the RF IC, real estate transferred to the ownership rights of a child may:

1. Cover part of the alimony;
2. Pay off alimony arrears;
3. Remove further alimony obligations from the payer.

A special condition is the equivalence of the amount of alimony or debt and the cost of the transferred housing.

You can transfer housing as alimony by concluding the following agreements:

1. An alimony agreement, indicating the transfer of funds from the sold housing for alimony or the complete transfer of real estate to the child’s ownership;
2. A contract for the donation of a share in housing as alimony in the name of the child.

Both documents must be reviewed by a notary office and certified by a notary to be legally valid.

Note! Transferring housing in the name of a former spouse is not an alimony payment.

Share of the apartment towards alimony

In some cases, the family code allows the transfer of a share of ownership of real estate for alimony or part thereof. The child’s parents can resolve such issues peacefully by indicating all the details of their chosen solution in a voluntary written agreement on the transfer of housing for alimony.

Before concluding an agreement on transferring an apartment for alimony, you must independently assess the market value of the property.

If parents cannot evaluate the apartment without causing disputes, then specialists in this field are involved in the matter.

Upon completion of the assessment procedure, they will issue a conclusion on the cost of housing with justification for the identified amount, the details of which must be indicated in the text of the agreement. This document can be used in court.

The division of jointly acquired property is not equivalent to the procedure for transferring housing in exchange for child support. Since the allocation of apartment shares occurs between spouses, most often they receive 50% of the housing (Article 39 of the Family Code of the Russian Federation). As a result of the division of the apartment, ownership does not pass to the name of the child, especially since the division does not affect child support obligations.

Sample application for transfer of an apartment for alimony

On our website you can download a free sample application for the transfer of an apartment for alimony at this address. If you have any questions about filling out, you can contact the free legal consultation on our website.

Read also: Individual benefits: child care, lump sum, documents

When can the transfer of housing for alimony not be released from alimony?

Many people mistakenly think that transferring an apartment for alimony is a guaranteed method of terminating alimony obligations. In reality, everything is not so simple.

The amount of child support can be established either as a fixed sum of money or as a share payment from the income of the payer.

In cases where alimony is withheld from wages, we can safely say that alimony will increase over time due to indexation and the growth of citizens’ salaries.

Therefore, the transfer of housing may infringe on the child’s rights to receive full financial assistance.

Of course, if the cost of the transferred housing fully covers alimony for a certain period, then the payer is not obliged to transfer funds during the specified period of time.

But if his income increases significantly, the recipient of alimony can file a claim in court to increase the amount of alimony or make an additional payment.

This is only possible if the cost of the transferred housing does not cover possible alimony payments from the payer’s new salary.

If you still have questions or cannot figure out the current situation on your own, please contact the lawyers on our website for a free consultation. User support is available around the clock and without restrictions.

Source: https://rualimenty.ru/kvartira-v-schet-alimentov/

Property for alimony

Article 104 of the Family Code (FC) of the Russian Federation, which establishes the methods and procedure for paying alimony by agreement of the parties , provides for the possibility of paying alimony not only in shares of earnings or in a fixed sum of money, but also by providing property . However, in practice, it is not so easy to implement this opportunity - often notaries simply do not take such measures. This is due to the fact that, by definition, alimony is money paid for the maintenance of minor children and other needy persons.

When forced to collect alimony, valuable property can be counted instead of cash payments only when reimbursing alimony debt by seizing the debtor’s property and then selling it at auction (according to Article 80, Art.

87 of Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”).

In other cases, if alimony is collected without creating a debt by force (through a writ of execution or a court order issued by the court), then it can be ordered for payment by the court only in monetary terms:

• as a share of income;
• in a fixed amount of money.

Is it possible to pay alimony with property?

If payments for the child are not collected in court , parents have the right to resolve the issue of maintaining a minor in any way convenient for them, reflecting their wishes in an agreement on the payment of alimony drawn up by a notary (Article 99 of the RF IC).

And, it would seem, in the case of voluntary registration of alimony when drawing up a notarial agreement, parents have the right to choose and can replace the monetary form of alimony with in-kind ones - that is, on account of alimony, register for the child valuable property belonging to them or a share thereof, if this is the mutual expression of the will of each of them parents.

Moreover, such a possibility is even provided for in paragraph 2 of Art. 104 RF IC. is very difficult to do in practice .

It will be as easy as shelling pears to contact a notary with a request to simply draw up a gift agreement from a parent to a child, but to formalize a donation or any other re-registration of the same property to a child with an agreement on the payment of alimony, despite the provision of Art. 104 of the RF IC, as a rule, will not work .

The fact is that experienced lawyers and notaries who know how to read the law “between the lines” will immediately answer that alimony is money in its direct form aimed at supporting the child, therefore, when drawing up an agreement, they fix only the terms of monetary payment (in shares or in hard monetary terms indicating the corresponding amount payable monthly or at other intervals).

to draw up a document on the transfer of property instead of alimony , citing the refusal by the invalidity of such a document and the possibility of appealing it in the future - since a car, apartment, house (or, moreover, their shared ownership) cannot inherently ensure life activity and ensuring the basic needs of the child - food, education, clothing, medicine, etc. As a result, the fundamental right of a minor child to normal development may be violated by receiving maintenance from both parents.

Is it possible to issue a waiver of alimony on account of an apartment or house?

Many parents mistakenly believe that they can take a receipt from the other parent to waive child support as a credit for receiving some property.

It should be immediately noted that in court such a document will not have any legal force .

Fathers and ex-husbands (namely, they are the alimony payers in 80% of cases) should be very careful about transactions with the property they own.

The transfer to a minor child or his mother of real estate (or a share thereof) owned by a person liable for alimony does not legally relieve him of the need to pay further alimony if the child’s mother wishes to collect it in court.

Therefore, in the case of transfer of property to a child, the parent must remember that this act is committed only with his voluntary expression of will and cannot be counted in lieu of alimony, even if there is a receipt waiving alimony, which has no legal force.

Example. After her divorce from Sergei R., Elena R. remained to live with the child in a two-room apartment, which was joint property between her and her husband in equal shares (1/2 each). The husband was officially employed, had a high official salary and regularly paid alimony.

In order to become the full owner of the apartment, Elena invited her ex-husband to formalize a deed of gift for his share of the apartment in favor of her son, promising that in this case she would not apply for alimony, and wrote a corresponding receipt. The agreement for the donation of a share in the apartment, in accordance with the requirement of the law, was drawn up by a notary, and 1/2 share of the apartment passed from father to son.

However, two years later, Elena, having no further opportunity to support the child alone, filed a claim in court to collect child support from her ex-husband, and her claims were satisfied in full, despite the fact that Sergei presented in court the document drawn up by his wife a receipt for the waiver of alimony to offset the share in the apartment given to the child.

What can be grounds for refusing child support?

Depending on how the obligation of one of the parents to pay child support is currently formalized, the following situations are possible that involve termination of child support obligations:

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1. If alimony has not yet been collected , the recipient could simply not apply to the magistrates' court with a claim for its assignment (which can only be done in cash). In this case, the payer can do with his property as he pleases (but again, transferring property to the child for alimony does not legally eliminate the need to pay it in the future, if the claimant applies with a corresponding application to the magistrate’s court).
2. When, when alimony is already collected through the court, the parent-claimant no longer has the actual (and legal) right to refuse them, since the grounds provided by law for terminating the need to pay child support are (according to paragraph 2 of Article 120 of the RF IC):
   • the child reaches adulthood;
   • recognition of his full legal capacity until the age of 18 (for example, upon his marriage);
   • adoption of a child by another person;
   • death of one of the parties to alimony legal relations.

   If alimony has already been ordered for payment through the court, it will not be possible to refuse it. In this case, the decision of one of the parents to refuse payments to the child in favor of replacing them with property during forced collection is not provided for by law.

3. If payment of alimony established by notarial agreement, then alimony obligations can be terminated:
   • upon expiration of the agreement (if it has been established);
   • if the grounds provided for by this agreement arise for termination of alimony obligations (Clause 1 of Article 120 of the RF IC).

The meaning of the last paragraph may involve the transfer of property to the child as a basis for termination of alimony payments. However, firstly, it is rare that a notary will draw up such an alimony agreement.

And secondly, this will be true only until the recipient of alimony applies to the court with an application for their further collection (that is, as long as the agreement really implies the mutual consent of its parties - the payer and the claimant).

Reimbursement of alimony debt with property

If the alimony payer falls into the category of debtors, and alimony debt , then the bailiffs are obliged to apply to him all possible measures provided for by law to encourage him to pay the debt. And when the range of influences for voluntary debt repayment has been exhausted, enforcement measures come into force, one of which is:

Simply put, if the defaulter owns valuable property, it can be seized and sold at auction. In this case, funds are transferred to the claimant in the amount of the existing debt, and the remaining amount from the sale of property (if any) is returned to the owner.

Such an executive measure may include:

• an apartment or house that is not the only home;
• vehicle (car, motorcycle, etc.);
• funds in accounts with banks or other credit institutions (including issued loan funds);
• jewelry, etc.

Example. Konstantin N. has a debt on alimony payments in the amount of 150,000 rubles.

During the application of enforcement measures, the bailiff, by sending inquiries to the competent authorities, revealed that the debtor had property - a car (foreign car). The car was valued at RUB 200,000. and was soon sold at auction.

As a result, of the realized amount from the sale of the car, 150,000 rubles. were transferred to the collector of funds to pay off the alimony debt, and the remaining 50,000 rubles. were returned to the debtor.

You should know that not all property of defaulters is subject to sale. According to Art. 446 of the Civil Code of the Russian Federation “Property that cannot be foreclosed on under enforcement documents” the exceptions are:

• the only suitable housing for the debtor and his family members;
• the land on which the above-mentioned housing is located;
• a vehicle needed by a person due to a disability or used to transport a disabled relative;
• household items and personal items that are not luxury goods;
• items for professional activities (that is, necessary for work);
• livestock, poultry, bees;
• food products, seeds for sowing;
• working fuel;
• prizes, badges of honor, orders and other personal awards of the debtor.

Source: http://alimenty-expert.ru/vidy/po-sposobu-nachisleniya/imushchestvom/