Legal status matters
The land-register record is more reliable than the everyday label.
Land is separate
The structure and plot may be distinct assets.
Not a dwelling
An ordinary garage does not receive the sole-home exemption.
Possible asset forms
| Situation | Evidence | Bankruptcy issue |
|---|---|---|
| Registered garage and land | EGRN records, shares and security | Valuation and estate sale |
| Garage cooperative | Membership and paid share | Title or proprietary claim |
| Unregistered structure | Land and technical records | Dispute over existence and value |
| Parking space | Cadastral number or common share | Inclusion of the relevant right |
| Secured asset | Mortgage agreement and record | Special secured-creditor regime |
Why the sole-home rule rarely applies
Article 446 of the Civil Procedure Code protects a qualifying dwelling, not a structure intended for vehicle storage. Supreme Court Plenum Resolution No. 48 applies the immunity specifically to residential premises. A garage does not become a dwelling merely because a person stays there.
Practical steps
- Obtain EGRN extracts for the garage, parking space and plot.
- Collect contracts, cooperative certificates, paid-share and technical documents.
- Check security, restrictions and marital co-ownership.
- Disclose the asset in the property inventory.
- Review valuation and sale terms.
- Support any indivisibility objection with technical evidence.
Related guides: asset arrests, property inventory and bankruptcy articles.
Frequently asked questions
Is a garage a sole home?
Ordinarily no; the exemption concerns a qualifying residential premise.
What about a cooperative garage?
The paid share, membership and resulting title or proprietary claim are examined.
Is the land sold with it?
That depends on registered rights, permitted use and separate transferability.
May an unregistered garage be omitted?
No. Known property rights and possession must be disclosed.
Can valuation be challenged?
Yes, with specific errors and evidence; simple disagreement is insufficient.
Official sources
- Federal Bankruptcy Law No. 127-FZ;
- Russian Civil Procedure Code;
- Supreme Court Plenum Resolution No. 48;
- State Duma: garage amnesty and garage associations.
Is the garage status unclear?
We can review EGRN and cooperative records without promising that the asset will always be retained.
Initial consultation