“I inherited the apartment after a lonely childless brother. But as it turned out, he rented two rooms out of three family, which is not fully paid the rent, although the rent they promised to pay all “communal”. In the third room brother lived by himself. It lasted 10 years, debts accumulated by 40 thousand UAH. The tenants I have evicted, but for entry into an inheritance, the notary said that I should pay the debt. That kind of money I have, and I would like to over the debt or to sell the apartment on the condition that debt is repaid by the new owners. But it turns out that this is impossible. How can I be?” — Anna T.
Meets Oksana Mardak, assistant attorney AK “Chevguz and partners”:
“Perhaps you and the notary do not understand each other. The composition of the inheritance includes all rights and obligations of the testator at the time of opening of the inheritance (article 1218 of the civil code of Ukraine). Therefore, only in case you already have a certificate of acceptance of the inheritance and documents on the apartment where you are listed as owner, then you as the heir to bear the burden of inherited property and the obligation to pay the debt for the “communal”. That is, first you get the documents and only then deal with the debts.
There is a possibility of the application of the owner of the apartment to the housing and operational organization for debt restructuring with a view to its gradual repayment. To do this, the owner enters into with the organization concerned a contract for uniform monthly repayment of debt. Total payments should not exceed 25% of the income determined in the calculation of subsidies for working citizens, and 20% for pensioners and other persons who receive any types of social allowances. The term of this agreement up to 60 months, depending on the amount of debt and level of income, but may be extended until full repayment of the debt.”
