Attorney Lyudmila Silakova
July 7, 2026, 12:21 PM
Will Your Primary Apartment Be Seized in Bankruptcy? Understanding the Law
The biggest fear of someone deciding on bankruptcy is losing their shelter. Debt collectors often intimidate: "We will sell your apartment for debts!". Let's clarify what the law actually says and why your home is safe.
What Is Enforcement Immunity?
According to Article 446 of the Civil Procedure Code of the Russian Federation, there is a list of property that CANNOT be seized under any circumstances. The very first item on this list is the only residence suitable for living.
This means that if your apartment or house is the only place where you and your family live, the court and the financial trustee have no right to auction it off.
Important Nuances You Need to Know:
- The property must not be mortgaged. If the apartment is pledged to a bank (mortgage), enforcement immunity DOES NOT apply to it. This is the only case where housing can be seized.
- The size of the apartment does not matter. Whether it is a small apartment in Mtsensk or a spacious flat in Orel — if it is your only residence, it stays with you.
- Official registration (residence permit). It is recommended that you are registered at this address, as it serves as additional proof for the court that this housing is your primary residence.
Attention: If you own two apartments, the court will sell the one you do not live in to pay off debts. However, the law strictly protects your "primary residence".
What About the Land Plot Under the House?
If you live in a private house in the Orel region, the land plot on which this primary house stands is also protected by law and cannot be seized.
Frequently Asked Questions (FAQ) About Primary Housing
1. Will a primary house or apartment be seized for mortgage debts?
Unfortunately, yes. A mortgage is a secured loan. Under Art. 446 of the CPC RF, enforcement immunity DOES NOT apply to real estate pledged to a bank, even if it is the family's only residence.
2. Can you be evicted for utility bill (housing and communal services) debts?
No, if the apartment is your only suitable residence and is not mortgaged, it cannot be seized for utility debts. However, the management company may freeze your bank accounts prior to bankruptcy.
3. Will the land plot under the primary house be seized?
The land plot necessary for the use and maintenance of the primary residential house falls under enforcement immunity along with the house. The law does not allow selling it separately at auction.
4. What if I own a share in another apartment?
If the debtor owns an entire apartment and a share in another, creditors and the court will raise the issue of selling one of the properties. Priority is given to preserving the housing where the debtor actually lives and is registered. Legal assistance is essential in such cases.
5. Does registering a minor child protect the primary apartment?
Registering children is an added advantage. Guardianship authorities and the court strictly monitor the protection of minors' rights, making creditors' attempts to challenge enforcement immunity on primary housing with registered children virtually hopeless.
Checklist: Is Your Housing Safe?
Answer 3 simple questions to assess your risks:
✅ Is this your only real estate? (No other shares, summer houses, or apartments) — Housing is protected.
✅ Is the property NOT mortgaged or pledged? — It is impossible to seize it for regular consumer loans or microloans.
✅ Are you registered at this address? — This resolves any questions from the financial trustee.
Summary
Bankruptcy is a way to get rid of debts and start fresh, not a way to deprive a person of their shelter. The state is interested in ensuring you keep your apartment and continue to live and work normally.
Worried About Your Property?
Every situation is unique. Come for a consultation in Orel or Mtsensk, and together we will review your ownership documents so you can have 100% peace of mind.
Your attorney: +7(919) 265-61-51
«Timeframes and stages of personal bankruptcy in Orel and Mtsensk» >>>
Our Values
"We believe that everyone deserves a second chance. A mistake with a loan shouldn't cost you your peace of mind and your children's future."
Lyudmila Aleksandrovna Silakova
Practicing Attorney • Registration No. 57/597
Debt relief consultation is strictly confidential
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32 Lenina St. (Grand Hotel)Mtsensk
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Debts Eligible for Discharge
Bank Loans*
Microloans & Promissory Notes*
Taxes*
Utility Bills*
Secured Loans*
Fines
Total debt amount from 200k RUB
*Please specify the conditions for discharging these debts during your consultation