Instructions on how to discharge a child from an apartment

The registration of a minor differs from the registration of adults - the rights of children are protected by the state, laws and supervisory authorities. Parents and legal representatives of those under 14 years of age need to take these nuances into account and know how to register a child in another apartment without violating the rights of a small citizen. Be mentally prepared for the fact that the re-registration procedure is complicated by collecting an additional package of documents with an appeal to the authorities guarding minors. Knowing the conditions for registering children and the registration algorithm when moving to another apartment, you can avoid many mistakes and use your time rationally when contacting the migration service.

How to properly discharge children from one apartment and register them in another?

Small children can only be registered where their parents or guardians live.

The need for re-registration arises for a family in the following cases::

The procedure for removing offspring from an old apartment depends on the status of housing, form of ownership, and participation in privatization.

Features of the discharge of a minor co-owner

If a child owns part of the property (shares), the removal from the apartment of a minor child begins with an application to the district department of guardianship and trusteeship.

The following documents are provided to the supervisory authority:

• A certificate of family composition (all registered) is taken from the passport office.
• Purchase and sale (exchange) agreement or notarized mortgage agreement.
• Document confirming ownership.
• Technical passport of the previous home and another apartment.
• Personal documents of parents and child.

Within two weeks, the guardianship authorities check the documents. The assessment criteria for making a particular decision on checkout from one apartment and registration in another are based on protecting the rights of the small co-owner.

It goes without saying that a minor citizen will not be deregistered at his previous place of residence without the provision of equivalent housing registered as his own. Registration in an apartment under a social tenancy agreement for a co-owner of square meters is not allowed.

A positive decision of the board of trustees gives the green light for deregistration and registration in another apartment. Then everything happens in the same way as with adult family members.

The discharge of a child who does not own part of the family apartment takes place without the participation of the guardianship authorities. This rule does not apply to discharge from public housing.

After a small resident is discharged, problems with registration at another address do not arise if the new housing meets the following conditions:

1. Equivalence in area and level of amenities;
2. Located near a kindergarten, school, clinic.

Discharge the child from the apartment and register him in another

Advice from lawyers:

1. Can I check a child out of my apartment and temporarily register him in another apartment?

1.1. If this is your child _ no, you can't.

Did the answer help you?YesNo

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2. Is it possible to discharge a child from an apartment where there is a debt and register him in another?

2.1. Yes, you can - debt does not play a role here.

Did the answer help you?YesNo

3. Is it possible to discharge children from an apartment and register them in another without a mother?

3.1. Minors must be registered with one of the parents (with whom they live).

Did the answer help you?YesNo

4. The child is registered in the same apartment with his father, where he has a 1/4 share. The father also owns another apartment in which he is not registered and lives, the child’s mother is registered there (not married), and the child has temporary registration. Will the father be able to expel the child from the first apartment without the mother’s consent? And the mother of the child from the second apartment?

4.1. Yes, it can on the basis of Article 63 of the RF IC.

Did the answer help you?YesNo

4.2. If a child has 1/4, then no one can deregister him as the owner.

Did the answer help you?YesNo

5. Is it possible for a father to discharge his children from the apartment, one is 16 years old, the other is 9 years old, they live with their mother in the house, the mother is registered there, and the children have a 1/4 share there each, they each have their own room there, and 2-room apartment, mother and father are divorced and the apartment is under a military mortgage.

5.1. It is possible, since in fact the children live with their mother and they own property.

Did the answer help you?YesNo

5.2. You can only register with them, and then register again yourself. Other options are not possible until adulthood.

Did the answer help you?YesNo

6. My husband (we have been divorced since 2012) sent 2 minor children who were registered with me from my apartment in 2020 to another region. They have not lived together since the divorce, have not communicated with the children, discharged me without my knowledge or consent, this became clear a month ago. What to do?

6.1. Contact the passport office to clarify the circumstances. As I understand it, he registered them somewhere and they were deregistered. But they are assigned to the clinic and educational institutions. Well, I think you can register for a new one and notify the passport officer about possible illegal actions. Perhaps he organized some kind of litigation there, but you didn’t know about it.

Did the answer help you?YesNo

7. Can I expel my 37-year-old sister, who has no children, from my apartment (my property) without her consent? She lived there for a year after registering in 2008, organized a trash bin and a drinking party there, did not pay payments, and my dad and I decided that it was better for her to live with her mother and other sister. I paid off her debts and I had to do the repairs at my own expense after her partying. Our dad died. My sister continues to live with her mother, but is registered with me. She is an alcoholic with no specific occupation and does not support communication.

7.1. Remove from registration in court.

Did the answer help you?YesNo

8. Is it possible to discharge minor children from the apartment and register them temporarily in another place.

8.1. You can discharge your children's parents and register them in another place.

Did the answer help you?YesNo

9. The daughter was the owner of the property. She died. Now we, the parents, are the owners. We live in another city. My daughter temporarily registered her cousin until 2021. How can we sign her out of the apartment without leaving our city and what will happen if she has a child, will we be able to sign him out.

9.1. Good afternoon, temporary registration will end when the deadline expires. There will be no need to go to court. If you want to write her out now, file a claim with the court. You can discharge the child together with his mother.

Did the answer help you?YesNo

10. Please tell me whether the mother (the owner of the housing cooperative) can expel her adult son and his minor daughter from the apartment (the son has no other housing, he has been registered in this apartment since birth; the mother of the minor daughter has property, but she does not want to register the child there ). The grandmother threatens to expel her son and granddaughter, sell the apartment or bequeath the apartment to another person. What can a son and granddaughter count on? Thanks in advance for your answer!

10.1. Maybe as the owner of a residential premises. One exception is if the son and granddaughter had the right to participate in privatization and refused this right (then there are some nuances). Or maybe even sell the apartment along with the registered citizens, and the new owner will also quite easily remove them from the registration register in court.

Did the answer help you?YesNo

11. How to discharge a minor child from a municipal apartment and register him in another apartment that is owned by the parents, purchased with a mortgage with the participation of maternity capital? Does this require the participation of guardianship authorities?

11.1. To change the place of residence of a child by mutual consent of the parents, the consent of the guardianship and trusteeship authority is not required. Register in a new apartment in which the parents (or one of the parents) must be registered. At the child’s previous place of residence, the child will be automatically deregistered.

Did the answer help you?YesNo

12. I, an 8-year-old child and my husband are registered in my mother-in-law’s apartment. Now my husband has found someone else and filed for divorce. I own a house in the village. Can my mother-in-law sign me and my child out of her apartment? We cannot live in the village where I have a house, because... it's very far from the school. My dad lives in the house, who gave me this house.

12.1. Dear site visitor! Maybe in court.

Did the answer help you?YesNo

13. I serve in the north, I have 25 years of experience, I live in a service apartment, I don’t have my own home, I was married, I have an 11-year-old daughter, I divorced 4 years ago, my ex-wife and child went to live in another region, the child is still registered together with me, my ex-wife doesn’t want to sign the child out, how can I sign my daughter out of this apartment?

13.1. Good afternoon Your situation can be resolved through court. We can help if you write more about your situation to me at [email protected] good luck!

Did the answer help you?YesNo

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14. A minor child remains registered in the municipal apartment. The responsible tenant, my grandmother, died 5 years ago, and now my mother has died. Both have not been released from the apartment at this time. The child's father was divorced from his mother and lives at a different address. The apartment has a debt of 500 thousand rubles. Can a child be forced to pay debts for an apartment? Or in this case, the father, as the legal representative of the minor?

14.1. The child cannot pay because he is a minor. The father may be required to pay the debt because he is the legal representative of the child.

Did the answer help you?YesNo

15. Can a mother expel a child under 14 years old from her apartment, where the father is also registered, and register him in another apartment in which she herself is registered, without the father’s consent.

15.1. If you are married, then re-registration of a child, that is, in fact, a change of his place of residence, is only with the consent of both parents.

Did the answer help you?YesNo

15.2. The father's consent is required.

Did the answer help you?YesNo

15.3. Can be removed from reg. child registration and register in another place.

Did the answer help you?YesNo

16. There were 6 shares in the apartment. All 6 were sold to another family. The share of the disabled child remains and the father is registered, who also sold his share, who is not a guardian. The child is on a waiting list for improved living conditions. The child's mother will be the guardian. Is it possible to discharge my father from the apartment by court? Can a father, in court, demand that the share of a disabled child be transferred to him if they were given to him during the privatization of the apartment, and he has already sold his share?

16.1. Good afternoon Yes, the father can be discharged, he cannot ask to transfer the child’s share to him!

Did the answer help you?YesNo

17. My husband was discharged from the apartment without his knowledge about 3 years ago. My mother-in-law and her children lived in a private house without ownership rights under a contract, all her children and she were registered in this house, the eldest son (my husband) lived in another city but was registered where his mother was. 3 years ago, my mother-in-law moved to another area and, as it turned out, the contract was terminated and everyone was discharged, including my husband, without his consent.

17.1. Hello, what do you want to achieve?

Did the answer help you?YesNo

17.2. Hello. You yourself write that your husband lived in another city and was only registered in the apartment, but did not actually live. That is, he himself left the apartment voluntarily for another place of residence, thus losing the right to use this residential premises. It will be impossible to appeal the court decision, since the statute of limitations has already expired, and there are no grounds for restoring it (allegedly he did not know about the court and did not receive notices), since the court sent these notices to the place of his registration.

Did the answer help you?YesNo

18. I am the only owner of the apartment. It was purchased before marriage. Right now I am divorced but my child is registered in my apartment. I am selling this apartment. Is it possible to discharge a child from the apartment without the participation of the mother and register, for example, with my mother (grandmother)? Or register the child in the apartment of the child’s mother. The child’s mother herself is registered elsewhere.

18.1. Good day, Sergey! Yes, you can, but with the consent of the guardianship authorities.

Did the answer help you?YesNo

18.2. The Supreme Court clarified how to decide with whom to live for children

More details >>>
RF IC Article 65. Exercise of parental rights
3. The place of residence of children in the event of separation of parents is established by agreement of the parents. Read more >>>

Did the answer help you?YesNo

19. I want to be discharged from a municipal apartment, where I am a responsible tenant, into my share in another housing; at the same time, I want to discharge my minor daughter from municipal housing with me and also register my minor daughter with me in my own share. Will they be able to refuse to release my child, without the consent of the mother, and her passport, at the passport office? The child’s mother lives and is also registered in her share, in the same apartment in which I want to fit in and register the child.

19.1. The consent of the child's mother is not required.

Did the answer help you?YesNo

20. My husband and I are getting divorced, we have a 4-year-old child together, the child is registered at his father’s place of residence in a service apartment, I am registered in another city, there has not been a trial or divorce yet, the first meeting has been scheduled, can the husband discharge the child from the service apartment before divorce.

20.1. No, he can’t without your consent.

Did the answer help you?YesNo

20.2. Maybe if she registers with her child at her new place of residence. In this case, they will be deregistered from their previous place of registration upon request. In other cases, your written consent is required.

Did the answer help you?YesNo

This is the situation: my father-in-law inherited an apartment and me and my 4 children are registered there

I have a question. Is it possible to check a mother out of an apartment and register her in another, leaving her 14 year old child registered?

If a child is discharged from public housing (he is included in the social tenancy agreement as a family member)

I am the sole owner of the apartment. It included: me, my son and his daughter (my 12-year-old granddaughter).

How to properly discharge a child from the apartment where his mother is registered, the property belongs to another person, and register him in the apartment where the child’s father is registered.

While the divorce process was going on, the serviceman's wife gave birth to someone else and registered the child in a service apartment.

My children and I are registered in the apartment of my former mother-in-law. My husband and I divorced. Three children, one of them is a disabled child.

How to discharge a minor child from an apartment in connection with the sale and move to another city, if the child is studying in another city and is registered in a dormitory.

I am registered with my mother along with her 4-year-old child, my wife lives with the child in another apartment.

We have discharged the children from the municipal apartment, we want to privatize it for the father so that we can sell it without delay, but we are refused to change the social contract.

The parents are divorced (they were married for 10 years), the child was discharged from the apartment several years ago, a mother and son were registered in the apartment.

A grandmother, two children under her care, and the mother of one of the children (deprived of rights to the child) are registered in the apartment.

Is it possible for a court to discharge a 14-year-old child from a non-privatized apartment?

My husband and I are divorced, our son is registered with him. The other day I find out that my ex-husband has checked out.

Where to go to complete registration actions?

The registration of citizens at their place of residence is carried out by the territorial divisions of the Main Directorate for Migration Issues under the Ministry of Internal Affairs of Russia. Previously, the structure was called the Federal Migration Service. You can contact your local branch directly. An online electronic queue service is available on the official website of the structure.

There are also alternative options:

• The passport office of the management company is convenient because they will immediately provide you with a certificate of family composition (or everyone registered in the apartment). You will pick up documents with new registration from the passport officer, without personal presence at the Main Migration Department of the Ministry of Internal Affairs of the Russian Federation.
• Multifunctional centers - designed to receive documents for registration. To complete registration actions, you will have to come to the migration department in person at the appointed time. The MFC plays the role of an intermediary between the citizen and the registration authority. The advantages of such an application include additional verification of the package of documents by MFC employees and the absence of a queue.
• The Government Services website will require you to register on the portal with a login and password. Receiving them will take some time for those who contact one of the authorized structures for identifying personal data. After activating your account, you will fill out the necessary documents electronically and receive an invitation to the registration authority within three working days. You will be given a date and time to appear by email. Registering a child through State Services is the fastest way to register a change of residence. On one day you receive two stamps in your passport about deregistration and registration at a new address. Minors will be registered in new housing together with legal representatives of their interests.

How to discharge a child from an apartment and register him in another, what is needed for this

Deregistration of a minor is impossible in a situation where there is nowhere for the child to be registered or living conditions worsen.

Some parents register real estate or part of it in the name of their children. Subsequently, difficulties arise with moving to other housing. The algorithm of actions is as follows:

1. We go to the Department of Public Administration to obtain approval for the discharge of a person under 18 years of age. You need to take with you a certificate about the persons who live in the apartment (the one you plan to sell).
2. We are preparing documents. The package includes an application, a child’s birth certificate, a registration certificate of housing (current and new), as well as title papers for real estate.
3. Waiting for OOP decision. This takes up to 14 days.
4. Obtaining approval and execution of a purchase and sale agreement for housing.
5. Registration of transfer of rights to housing to the buyer.
6. Discharge of a person under 18 years of age from the living space.

There are several options for the registration procedure:

• directly to the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation;
• through the passport office;
• in the multifunctional center (MFC);
• through the State Services website.

Since a minor can be discharged from public housing only on the condition that he is then registered in the living space together with his parents/parent or guardians, the following steps must be taken:

1. Receive a certificate of family composition and personal account number from the passport office.
2. Submit an application to the guardianship and trusteeship authorities for their consent to the discharge. A child over 14 years of age must be present during this procedure. For a positive decision, you must provide a social lease agreement for a new home, an extract from the Unified State Register of Real Estate, a purchase and sale agreement or another document confirming the right to live in the premises.
3. Receive permission within 14 days.
4. Submit an application for deregistration to the migration department of the district police department of the Ministry of Internal Affairs of the Russian Federation or to the passport office. This completes the statement.

Deregistration is also possible with the approval of territorial supervisory authorities, taking into account new technical parameters.

An application on behalf of a child under 14 years of age must be written by his parents or legal representatives. A minor who has reached the age of 14 years old writes an application independently.

So, let’s look at what is needed to register a child at the place of residence:

1. A notarized statement of the mother’s consent if the newborn is registered at the father’s place of residence.
2. A copy of the court decision , in the event of a controversial situation, as a rule, if the mother does not consent to registration at the father’s place of residence.
3. Documents about the refusal or deprivation of parental rights , or if the child’s place of residence will be the home of one of his close relatives.

Where to start: step-by-step work

To deregister a minor with subsequent registration at a new place of residence, you need to visit the following offices:

1. At the passport office, obtain an extended certificate with information about all residents registered in the apartment. It will be useful to you for selling an apartment, so that the buyer is convinced of the purity of the transaction.
2. Territorial Board of Trustees to obtain the verdict of the control body. He will either approve the discharge of the children or issue a ban. Be prepared for the fact that you will have to convince officials not to interfere with the deal. Sometimes their judgments are subjective.
3. Register ownership of new housing in Rosreestr. Otherwise, you will not be able to discharge your child.
4. Provide information about the new housing to the registration authority in order to simultaneously issue an extract and registration of a minor child.

Documents for re-registration of children

We begin to carefully and scrupulously do the “paperwork”. The outcome of the registration procedure depends on how completely you collect the official papers.

Guardianship authorities meticulously study the submitted documents and may refuse to sell an apartment where small residents are registered.

List of documents:

• Application in the form of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation, signed by the parents (guardians) of the minor.
• Family personal documents (passport, birth certificate).
• Confirmation of ownership of a new residential property.
• Technical passports for old and new housing.
• House (apartment) book, where registration marks will be placed.

Cancellation of registration will take at least three days. Double procedure (cancellation of registration and new registration) - at least two weeks if the family moves to another apartment within the same locality. Registration in another city is regulated for a period of up to three months. Find out if there is a fine if the child is not registered here.

Does the owner have the right to discharge a minor?

In judicial practice, there are many situations when the owner has the right to discharge a minor child. A small citizen, under 14 years of age, leaves his old apartment with the registration removed together with his parents (one of them). To carry out this action, the guardianship authorities must be sure that the child is not being discharged “to the streets.” Parents take care in advance about purchasing their own home. This is how a minor child is discharged from an apartment if he is not the owner.

Registration of a child at a new address in another city

The easiest way to obtain registration in another city is to purchase square meters there as property.

Grounds for permanent registration of a child together with his parents in another city:

• Title documents for personal property;
• Rental agreement for rental housing;
• Social tenancy agreement for a municipal or state apartment.

A young resident will definitely be registered from municipal housing at the old place of registration into his parents’ own apartment, but registration of a child into a municipal apartment from a privatized one is impossible. Parents can complete registration by arriving in another city where they have housing. At the same time, visit the passport office, multifunctional center, territorial department for resolving migration issues.

Experts advise taking the simultaneous steps of deregistration and new registration. It’s easier to do this on the Government Services portal. Another option is to remove the child from the previous registration in the locality where the family purchased new housing. Then you will not have to visit the migration service at your old place of registration.

It should be remembered that you must submit documents for registration of a minor in another city within one week from the date of arrival. The date is confirmed by travel documents. Please be aware that uniform rules for registering citizens apply, regardless of your region of residence. There is no state fee for registration actions.

Changing the registration of children can occur under different circumstances.

This list will help you find the information you need:

• It is important for parents who do not have their own home to know whether temporary registration is possible for a minor child and whether it is possible to place the child in kindergarten without registration. To register a child for kindergarten, you need a certificate of form No. 8, where to get a certificate of registration of a child, find out in this article.
• Find out how to register a child at the place of residence of one of the parents here and whether you will need permission to register the child.
• After a break in family ties, ex-spouses rarely maintain good relations, and there is no need to talk about the possibility of living together. Does the mother have the right to live at the place of registration of the child or does the father have the same right? Or can a father remove a child from an apartment without the mother’s consent?
• Sometimes the baby’s father and mother decide to live separately, for example, each with their own parents. Can a child be registered without the owner’s consent? Read here.

And to help future parents expecting a new addition to their family, we have prepared useful information on when to register a child after birth? It is better not to violate the registration deadlines to avoid a fine. Find out where a newborn baby is registered here.

Watch about the registration and discharge of minors in this video:

How to transfer a child from one apartment to another

First of all, registration is required when receiving the first important document - an identity card or passport. How to obtain a residence permit or be discharged from your previous place of residence, and why it is much easier to do all this with a new type of identity card - you will find out the answers to these questions below.

More than twenty years have passed since registration was abolished at the legislative level as unnecessary. It was replaced, according to the new law of the Russian Federation on the right of citizens to free movement, by permanent or short-term registration at the place of residence. The concept of “registration” is no longer a legal term and is used only colloquially, out of habit left over from Soviet times.

06 Aug 2020 consurist 206

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Summary

It is impossible to register a minor in another apartment without registering the legal representatives of the children and parents there. It is more convenient to simultaneously discharge and register children at the new place of stay. Make more active use of online registration opportunities with the help of State Services. This rule applies both within the boundaries of one locality and in another city.

For additional information on this issue, please refer to the “Registration” section here.

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Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

The deregistration of an adult and capable citizen who lived in one place of residence and his further registration in another is a common procedure and, as a rule, not accompanied by great difficulties. Another thing is minors. In addition to the general constitutional rights that every citizen of Russia has, the rights of children, including to housing, are specially protected by the state and the laws of the Russian Federation.

Registration is an outdated concept that is still widely used in everyday life . According to current laws, it has been replaced by “permanent registration at the place of residence,” which can be the only one for each Russian citizen or foreign citizen permanently residing in the territory of the Russian Federation for a given time period.

A record of a citizen’s temporary stay for any reason in another place is defined as “temporary registration at the place of stay”

In the life of any family, many situations arise that force decisions to be made that concern not only its adult members, but also minor children. A considerable part of such life situations is associated with a change in place of residence of both the entire family and its individual members. Most often they occur in the following situations:

• a family moving to a new apartment when selling the old one, exchanging or donating it;
• divorce and exchange of living space by former spouses;
• re-registration of a child from the living space of one of the former spouses to another, with whom he will live in the future;
• registration of a child in the living space of grandparents, as well as in a number of other cases.

The main requirement that guides the law in all these cases is that when re-registering the address of a new home, so that after the child is discharged from one place of residence, he is immediately registered in another. The place of permanent registration in the minor’s apartment should not be “hanging.”

And supervisory authorities monitoring compliance with children's rights insist on strict compliance with these requirements

In addition, the living space per child in the new location should not be less than at the old address. And according to other parameters, deterioration of the living conditions of a minor is not allowed during re-registration. In particular, changing private housing to communal housing is not allowed.

How to discharge or register a minor child in another apartment

Girls, I urgently need to sell my one-room apartment, so I have a million questions)) Firstly, about registration. There are 4 of us registered in the apartment: me, my husband and 2 minor children. I am the owner of the entire apartment.

One of the guarantees of ensuring the constitutional right to housing for children under 18 years of age is the right to a permanent place of registration, enshrined in the Constitution of the Russian Federation and the Federal Law “on freedom of movement” dated June 20, 1993.

In this case, the judicial authority determines the place of residence of the legal representatives of the minor, and after that confirms the registration at the new address. The situation is more complicated when a person under 18 years of age is registered in housing that has a smaller square footage.

For example, if parents file an application to evict a child who is registered with one of the parents, but actually lives in another place (for example, with a grandmother). In this case, the court must find out the place of residence of the child’s legal representatives and may well approve registration at the new address.

The courts approach such issues carefully and try to protect the interests of the child. When making a decision, the rights of persons under 18 years of age are examined, and their violation is considered unacceptable. But there are situations when deregistration concerns a child “attached” to one parent, but in practice living with the other in a different property.

Guardianship staff carefully check the documents provided and make an agreed decision based on them. For it to be positive, the following conditions must be met:

1. The living conditions for the child in future housing should be no worse than the previous ones.
2. The share written out, expressed in square meters, is no less than for the previous registration.
3. An adult has equivalent or better housing. It must be registered as property.
4. An extract is not made if the housing is in social rent and to the parent, who is the owner, but a co-owner of the square meters.

Registration in another apartment after the child is discharged from the previous one

To register a minor in a new home after the sale of the old one, where he was one of the co-owners, his parents or other legal representatives contact the Federal Migration Service, presenting a certificate of departure and deregistration at the previous address.

In addition, the following must be presented:

• Written consent of the guardianship authorities.
• Documents confirming ownership of the new apartment.
• Passport of the person in whose living space the child is registered.
• Birth certificate of a minor.

According to Article 61 of the Family Code of the Russian Federation, the rights and obligations of both parents in relation to minor children are equal. And Article 65 determines that the place of residence of minor children when parents live separately is established by mutual agreement of the latter. The Civil Code states in Article 20 that a change in the registration address of one of the parents with whom minor children live automatically determines the place of their new registration with the provision of housing of equal quality.

Or on the website. It's fast and free!

The removal of minor children from an apartment or house, especially when selling a home, is often described as a very complex issue involving obtaining multiple permits and collecting a large package of documents.

Is it really?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

Rules for discharging a child from an apartment and registering him in another

That is, it is forbidden to move with them to a new residential premises with an area of ​​45 sq.m., if at the previous place of registration there were 65 sq.m. This, according to current legislation, will be perceived as an infringement of the rights and interests of a minor, deterioration of living conditions. How to check out of an apartment with a child if he is the owner of the living space?

To do this, you will need to prepare approval from the guardianship and trusteeship authorities to carry out these actions. What you need to get it:

1. statement;
2. birth certificate of the baby;
3. a document indicating ownership of real estate;
4. technical documentation for real estate objects.

Guardianship officials have two weeks to review the submitted papers and make a decision.

If the sale of a minor’s real estate is not carried out in his interests, then service employees may refuse the sale procedure and deregistration.

Is it possible to register a child in another city without the father’s consent?

A lot of misunderstandings are caused by the loose interpretation of Article 65 of the Family Code, which states that the place of residence of children when parents live separately is established by their agreement.

Based on this norm, FMS employees require the presence of the second parent or notarized consent, especially if the spouses are registered in different places. However, not a single regulatory document contains any indication of the need to somehow prove the consent of the second parent .

In the event that divorced parents cannot come to a common decision on the registration of children, this issue is resolved in court .

How to register a child in another apartment?

The easiest way to discharge a minor child is not to discharge him, but to immediately submit an application for registration at another address .

In this case, the FMS authorities themselves will transmit information about the new registration , and the child will be discharged at the previous address.

What do you need?

To discharge a minor child from an apartment and register him in another, you must prepare papers for the passport office.

The administrative regulations on the provision of state registration services establish the following list of documents for extract:

1. Birth certificate;
2. Passport (for children over 14 years old);
3. Legal representative document;
4. A statement in any form about the desire to remove the child from registration.

Who applies for a child's discharge?

For minor children under 14 years of age, the application is submitted by parents (guardians); the presence of the child himself is not required. Children who have reached the age of partial legal capacity ( after 14 years ) submit an application themselves , but with the consent of their legal representatives.

The application must indicate the address where the child is leaving. If there is no such address, for example, when leaving for permanent residence in another country, then you need to describe the reason for the discharge.

Is the consent of the guardianship authorities required to register (discharge) a child?

Despite many rumors about the activities of social security authorities, they do not deal with issues of registering children at their place of residence .

The task of the guardianship authorities is to protect the rights of children , including property (property rights) and constitutional (right to housing).

They will not be required when deregistering a child owner, if the change in registration address is not accompanied by the alienation of his property.

When is consent required?

The consent of the guardianship and trusteeship authorities will be required in the following cases:

Sale of housing where the child has a share of the property.

Real estate transactions involving children's property are the most difficult to conduct.

To obtain guardianship consent, you need documents for both apartments, including BTI floor plans, documents and notarial consents or the personal presence of all owners. Exchange of municipal housing .

This operation, which is quite rare in our time, also cannot be done without a guardianship decision. This necessity is caused by the fact that all members of the tenant’s family have an equal right to use housing.

The guardianship will need to provide a social rent agreement, BTI documents for both apartments, consent and passports of all residents, as well as confirmation of the possibility of this exchange from government bodies (for example, the housing construction department).

This is the only case when a decision is made on the very fact of deregistration. To do this, the new legal representatives of the child need to contact the USZN with the same set of documents as for registration at the new address, namely:

• Birth certificate or passport of the child;
• Passport of the legal representative;
• Documents for housing where the child is expected to be registered;
• Statement.

The maximum period for making a decision is 15 working days .

A newborn child must be registered in the apartment no later than 7 days from the date of receipt of the birth certificate. Read about registration details here.

Don't know where to register your child? For instructions on registering a newborn through the MFC and State Services, read the article https://svoe.guru/zhilaya-sobstvennost/kvartira/propiska/deti/gosuslugi-i-mfts.html

Evicting a child from a municipal apartment

The procedure for deregistering a child from a municipal apartment is similar to deregistration from one’s own apartment. Documents to be submitted to the passport office (originals plus copies):

The guardianship gives consent to discharge according to the same scheme as in the case of privatized housing. Only permission is issued only for discharge without other questions.

A returning child under 14 years of age can be discharged with simultaneous registration in parallel with the parents (one of the parents).

Documents for the child's discharge

1. Most of the documents needed to discharge a child or agree on a guardianship deal are already in the hands of the parents. These are birth certificates, passports, and a certificate of registration of ownership of an apartment.
2. The cadastral plan and explication must be ordered from the BTI through a personal application or through the government services website. The provision of these documents is paid, the readiness period is 10 working days .
3. A single housing document or a replacement set (extract from the house register, certificate of absence of debt on utility bills, personal accounts) can be obtained at the district MFC or at the passport office and accounting department of the housing office, usually these are two adjacent windows.

Where to apply to remove a child from an apartment?

• In the district MFC or “My Documents” item

You can discharge your child by contacting the multifunctional center at your place of residence.

In this case, you will have to go through several windows to verify documents, obtain an extract from the house register, have a copy certified by the manager, etc.

The service period is 3 working days ; documents must be collected at the same MFC.

To the passport office

When contacting the passport service directly, if there are no multifunctional centers in the locality, the procedure will be similar.

The set of documents that must be provided for discharge does not change either. To the government services website

To submit an application electronically, you need to fill out the form on the website and upload scans of all the necessary documents. After 3 working days, you will receive an invitation by email to appear at the Federal Migration Service with original documents for verification and making a final decision on the discharge.

Instructions for registering and discharging minor children from an apartment

The guardianship will need to provide a social rent agreement, BTI documents for both apartments, consent and passports of all residents, as well as confirmation of the possibility of this exchange from government bodies (for example, the housing construction department).

To submit an application electronically, you need to fill out the form on the website and upload scans of all the necessary documents. After 3 working days, you will receive an invitation by email to appear at the Federal Migration Service with original documents for verification and making a final decision on the discharge.

How to discharge a registered child from an apartment?

The move of a family to another locality is often accompanied by the sale of housing and being discharged “to nowhere.” Many are afraid of possible questions from guardianship and the passport office, but everything is not as complicated as it seems at first glance.

1. If the child was not the owner of the sold home , then it is enough to indicate in the application for discharge the expected address where the family will stay for the first time (with friends, in a boarding house, etc.). There is no need to worry about checks from social security if the family is prosperous and not registered.
2. In the case where the child’s property was sold , already at the stage of agreeing on the transaction with guardianship, the parents sign an obligation to purchase new housing, register the child in it and allocate a share to him within three months. This document must be attached to the application for discharge.

How to register a minor child from an apartment: what is needed to register him in another

To get your child both an extract from the previous address and a registration at the new address in one go, you need to stock up on a set of papers , find out the reception hours and choose the institution that provides accounting services that is closest to the new home.

• name of the authority to which the application is submitted;
• full name, place and date of birth, gender of the child;
• details of the birth certificate;
• who is the legal representative, his full name, passport details;
• new registration address;
• name of the registration authority (the same if the procedure is double);
• previous address,
• signature of the parent or other representative of the minor, date;
• signature of the employee who certified the parent’s signature, date, seal.

Can the owner discharge a registered child?

Often a situation arises when the child has not lived in the apartment for a long time, but it is difficult to obtain the consent of his legal representative for discharge for one reason or another.

To solve this problem, the owner of the apartment must apply to the court with a claim to recognize the citizens registered in the apartment as having lost the right to use (Registration Rules, paragraph 31). First of all, the claim is filed against the parent, and the child is then discharged along with him .

In the life of every family, circumstances may arise that require the child to be removed from the apartment. This procedure should not cause difficulties, but it should be understood that in any controversial situation the law will primarily protect the rights of the child.

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Sep 10, 2019adminlawsexp

How to discharge a minor child from an apartment

Have you decided to sell or exchange an apartment or house, but during the process of completing the transaction you are faced with the problem of how to remove a minor child from the apartment? In this case, our information will come in handy. The article will tell you how to avoid possible problems and resolve this issue as quickly as possible.

In this case, two scenarios are considered: if it is registered before privatization or after it. The main reason for deregistration before privatization is the deregistration of parents who lived with their children. In the second case, the child must be provided with living space comparable to the previous one. This is a prerequisite to ensure that the guardianship authorities are not able to disrupt your plans related to the move. Try to discuss everything with them in advance. To do this, prepare a complete package of documents and, most importantly, information about the new place of registration, which the council will need to give permission. If this is not possible, and for some reason your new home will have a smaller living space, do not worry, since there is also a legal way out of this situation. To do this, when purchasing a two-room apartment for a family of three people, the housing must be registered for only one parent and child. With this design, the amount of living space for a minor will increase. It is better if the commission's consent is stated in writing.