Lawyer helped a pensioner regain ownership of her apartment

In January 2024, an elderly woman, Nadiya, turned to the lawyer of the NGO “MART” Oleksandr for help. For the past few years, due to deteriorating health and long-term treatment, the woman has been in need of rehabilitation and care.

An acquaintance of Nadiya's offered to conclude a lifetime care agreement and promised to provide all possible assistance in purchasing food, other basic necessities and other household services.

Due to her poor health condition and feeling that she would not be able to cope without assistance, as she was alone, Nadiya agreed to sign a contract for the alienation of her home in favor of this person in exchange for constant care.

A private notary, who was brought to Nadiya's home by this acquaintance, certified the sale and purchase agreement, according to which her two-room apartment in Chernihiv became the property of this person from the moment the agreement was signed.

However, after some time, the new owner of her apartment stopped being interested in Nadiya's life and only occasionally called to find out if she was still alive.

The lawyer of the NGO “MART” familiarized himself with the terms of the contract and explained that Nadiya had not entered into a life care contract, but had actually sold her apartment and was no longer the owner of the apartment. Under the terms of the agreement, she was obliged to completely vacate the apartment for free use and unimpeded possession by the buyer, as well as to hand over all sets of keys on the day of signing this agreement. This means that she can be kicked out at any time.

Nadiya asked for help in terminating a falsely concluded contract.

The lawyer negotiated with the new owner and emphasized his and the private notary's dishonest actions that had misled the elderly woman and the possible consequences in case of a court challenge to the contract.

As a result of negotiations, they agreed to return the apartment out of court.

With the participation of a lawyer, the parties to the “false agreement” concluded an agreement on the termination of the sale and purchase agreement at the notary's office and issued an extract from the State Register of Property Rights registering the ownership of the apartment in Nadiya's name.

In this case, it would have been correct and best for Ms. Nadiya to conclude a life care agreement with the establishment of specific rights and obligations of the parties and the determination of the terms of termination of the agreement in case of failure to fulfill the obligations assumed.

Free legal aid is provided by the NGO “MART” in cooperation with the Danish Refugee Council (DRC) with funding from the European Union's civil protection and humanitarian assistance.