Mystic and title: as immigrants to protect their property at home

Do you believe in mysticism? And in karma? And in the law of the boomerang? Maybe you believe in God? Or in otherworldly forces? This article is written based on the story of my client, which I hope will be of interest to many of you.

Мистика и право собственности: как иммигранту защитить свое имущество на родине

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My client, a resident of the state of new York, lives in America for a long time already since 1992. A doctor with years of practice that seemed devoid of prejudice in our profession.

But in life, it began to be incomprehensible, inexplicable problems that take it nowhere, and they came and marred your life, do not let her sleep at night.

She began to scroll at the head of all his past life and remembered that 10 years ago when she visited with the children of his native Ukraine, her mother said to her: “Vitochka, soon I will be dead, and your father marries another, and you leave nothing”.

With these words the mother took her by the hand and took him to the notary, where the daughter gave the mother owned a 1/2 share in house with outbuildings.

After the holidays, the daughter returned to America, her mother soon died, and the father, as in the tale of the evil stepmother, married another.

With the father of our heroine relationship is not maintained and lived in America, not having intentions to come to Ukraine — delayed two passports (domestic and foreign) and lost ID code.

In recent years, something began to interfere with her to live and work in peace. In the end she had obsessive thoughts that all of this is because the proportion of the house that the wife of her father’s evil wishes, curses every day, and she decided from this share to get rid of.

My offer to go to a psychologist, answered that already… didn’t help… a lawyer is needed. Asked for help in restoring expired passports, identification code and title documents for its share in the house and, in the end, to get rid of this ill-fated property by any lawful means.

But when I requested documents from the registry of who is the owner of the house at the moment, I saw that the owner of this property is its father, the ownership of the other half of the property was registered in his name on 10 February 2020. The basis for the state registration law – the court’s decision.

I asked for the court’s decision and saw that from 2016 to end 2019, the father pleaded with his daughter in a local court. Of course, it has not been notified of the hearing, rather, the court informed her at the place of registration, guiding the agenda in the same house.

The result is a fierce struggle with the Ghost of his daughter, the father failed to prove that his wife did not know what was going on, and gave the house to his child, not giving a report of his actions and unable to control them. Later he entered into the inheritance of this share, proving that inheritance daughter has no right…

Now my client there is no need to restore the Ukrainian internal and foreign passport, identification code. It is not necessary to get rid of the shares – the father did everything for her. She returned to healthy sleep and peace of mind. Trust your inner voice. Sometimes he knows what he says.

Мистика и право собственности: как иммигранту защитить свое имущество на родине

Karina Duvall, a lawyer who is licensed in the United States as a foreign consultant, with an experience of over 20 years. Photo courtesy of Karina Duvall.

Many who read this story, a logical question arises: is it possible to do something in this situation and how to protect against this kind of injustice? The peculiarity of the situation is that the desire of all the parties coincided: the American daughter wanted to drop from their shoulders the stone in the form of unnecessary property, and the Ukrainian dad spent years of his life to fight for this property. In the end, everyone left happy and satisfied.

But it happens differently. And it happens more often. Ask yourself: if your home is the property, would you refuse it? The vast majority will answer a resounding “no”. Therefore, further we will talk about how to keep the property.

I’ll begin by talking about what could make our heroine, she did not agree with the status quo.

To cancel the state registration of a right is possible, reversing the decision of the court. How many years have passed since the judgment, you can always raise the question about its cancellation, as the procedural deadlines can be restored upon application of a person who did not know about the violation of his rights. The deadline to appeal the judgment begins to run from the moment when the person knew or should have known that his rights have been violated.

As our heroine never received a court summons and was deprived of the opportunity to participate in the hearing and to defend the law guaranteed her right, now she would have to appeal, attaching thereto a statement on the restoration of the procedural term. As evidence that he heard what had happened she just now, she would have given an extract from the register of registration of ownership with the date of receipt with today’s date.

The court of first instance is obliged to restore the appeal period if it is missed for a valid reason. In my practice, I was able to restore the deadline to appeal judicial acts after 10-15 years from the date of the judgment. After the period of appeal will be restored, the matter will go to the court of appeal, where with high probability the decision will be reversed for the simple reason that the rights of a participant have been violated.

Plaintiffs note: often in my work, I meet people who would prefer to do something from his opponent’s back. Throwing questions of honesty and integrity, we will get the bottom line high risk of cancellation of a court decision at any time. Tell me, do you really want 10 years from now your efforts are wasted?

Here is an example from his practice. The couple was married and lived in Moscow. Husband passionately wanted to divorce, but his wife was afraid and did not know which side of this issue to approach. So divorced, he secretly while his wife was visiting her mother quickly, taking advantage of the moment, he went to court and got a divorce.

Meanwhile, his wife returned home, but nothing has changed, they lived as husband and wife. The relationship, however, really gave a visible crack, but much later, and they fled. But when the wife began to lead with her husband negotiating the terms of divorce, he just shrugged, long-divorced after all, there is nothing to say.

The court reinstated the period of appeal, and the date the divorce moved exactly 10 years. With all the ensuing consequences, the wife by that time acquired a disability, so my husband had to pay her alimony. He outsmarted himself.

But back to the topic of our conversation. So, if you decided to go to a distant country, retaining the property in the homeland, my recommendations are:

  1. Keep in order your documents, just follow the validity of the passport, avoid the invalidity of the internal passport.
  2. Follow the payment of utility bills in the property owned by you (if we are talking about residential property).
  3. Pay your property tax.
  4. Be vigilant in communicating with relatives, especially if the property is in joint ownership. Remember that most problems arise with co-owners, which may lead to the false idea that you still live abroad, so property you don’t need, and they live in the here and now, so it’s important.
  5. Have a representative on the spot, which if necessary will be able to quickly resolve the situation.
  6. Use your share, keep things there, monitor their safety.
  7. From time to time request an extract from the register of ownership.

If you have already something to miss or lose, my office will help in the restoration of documents at home. In addition, I may request extracts from the register of ownership.

You can sell or donate his share of ownership at any time. It should be remembered that the donation to the donee, unless it is a close relative of the donor, subject to income tax, while the sale of other participants in share ownership have a priority right of purchase, meaning they can acquire disposed you a share in the priority order.

To deal was legitimate, it is necessary to direct the co-owners of a proposal, and if after one month they this offer will not use, you will be able to sell the share to any person.

Remember that regardless of the period of residence abroad, in most cases, you retain the nationality of the country where you come from. My recommendation is to always have a valid passport. This will allow you at least to fly home if necessary.

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The material is prepared in partnership with

Karina Duvall, a lawyer, notary, expert in international law

tel: +7 (495) 662-8721 (in Russia) / +1 (212) 205-2211 (in USA)

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