An apartment privatized by one spouse may not be divided: The Supreme Court named the key condition

Many believe that if an apartment was privatized during marriage, it automatically becomes joint property of the husband and wife. However, this is not always the case. The Supreme Court explained that everything depends on the date of privatization and on who had the right to participate in it.

As the Supreme Court noted, housing acquired by one spouse as a result of privatization of the state housing fund is an object of joint ownership of the spouses only during the period from February 8, 2011 to June 12, 2012 inclusive. At other times, such housing becomes the exclusive property of the person who participated in the privatization and was registered in the respective housing. The right to privatize belongs to citizens who permanently reside in the apartment at the time of privatization. Voluntary deregistration and actual non-residence in the housing before privatization indicates the loss of the right to participate in it.

Case details

The plaintiff filed a lawsuit to invalidate the privatization order, the certificate of ownership, and to recognize his right to a share of the apartment. He argued that from 1995 to 2021 he was married to the defendant. In 2004, the family was issued an order for the apartment where the plaintiff was registered. However, in November 2006, the plaintiff voluntarily deregistered. In December 2006, the defendant, together with their minor daughter, privatized the apartment. The plaintiff claimed that his right to privatization was violated and that he allegedly learned about the ownership being registered only to the wife and daughter much later.

Positions of the court of first instance and appellate court

The court of first instance, with which the appellate court agreed, denied the claims, referring to the fact that only during the period from 08.02.2011 to 12.06.2012 housing acquired by one spouse during marriage as a result of privatization of the state housing fund was recognized as joint ownership. At other times, such housing became the property only of the spouse who participated in the privatization. Since the disputed apartment was privatized outside the specified period, it is not an object of joint ownership of the spouses. The appellate court noted that at the time of privatization the plaintiff was not registered in the disputed apartment, and during its alienation he gave notarized consent to its sale as the representative of the minor daughter, which refutes his claims of being misled.

Supreme Court decision

The Supreme Court agreed with the conclusions of the lower courts, noting that since at the time of privatization (2006) the current legislation did not consider privatized housing as joint property of spouses, and the plaintiff had voluntarily ceased using the housing at that time, there are no legal grounds to recognize his ownership right to a share in the disputed apartment.

According to changes in family law, privatized housing was considered joint property of spouses only during a limited period from 08.02.2011 to 12.06.2012. Since the disputed apartment was privatized in 2006, it does not fall under the regime of joint ownership of spouses and belongs exclusively to the persons indicated in the certificate of ownership.

The right to privatize housing belongs to persons who permanently reside in the apartment at the time of its privatization. The plaintiff voluntarily deregistered from the disputed apartment in November 2006 (one month before privatization) and lived at another address. Therefore, he lost the right to participate in the privatization of this apartment.

In August 2007, the plaintiff personally gave notarized consent to the sale of this apartment as the legal representative of his minor daughter, so he was fully aware of the apartment owners as early as 2007.

Supreme Court ruling dated January 15, 2025, in case No. 199/1719/23 (proceeding No. 61-6388св24).

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp pages, on Facebook and Instagram to stay informed about the most important events.