All people have equal rights. At least this statement is true in real estate matters. Anyone can own a house or apartment.
This also applies to minors. You can be the owner of an apartment at any age, as well as make transactions with your real estate. Of course, these operations will be more complicated in terms of documents, and registration may take longer.
However, real estate transactions involving minors are common. In order for everything to go without problems and troubles, you need to know the basic rules and procedure for carrying out such operations .
Transactions permitted for minor owners
If a child owns an apartment or part of an apartment, with the permission of the guardianship and trusteeship authorities, the following transactions can be made with this property:
- sale;
- donation;
- exchange;
- renting an apartment;
- registration of real estate as collateral (for a loan or mortgage);
- housing exchange;
- refusal of inheritance and participation in privatization;
- division or allocation of a share from property owned by a minor.
According to the Civil Code, minors are divided into two groups:
- Up to 14 years of age - at this age children are considered minors and completely incompetent. Real estate transactions for such children are carried out by their parents. If there are no parents, the child’s adoptive parents or guardians.
- From 14 to 18 years old - although children are still minors, they are already partially capable and can independently carry out real estate transactions. To do this, the child will need a passport, birth certificate and parental consent certified by a notary.
It happens that a child lives with one of the parents (mother), and it is impossible to obtain consent from the second. If a document is provided confirming that the child does not communicate with the second parent and there is no contact with him, the mother’s consent will be sufficient.
There are exceptions.
If a child has been officially working since the age of 16, parental consent will not be required at all, since he will be considered an adult
The same will happen if a minor citizen is married (allowed from 16 years of age).
Selling a House with a Minor Child Registered in 2020
Be careful, the above list is a minimum.
At their discretion, the guardianship authorities may ask for certificates of absence of debts for the apartment, documents for housing purchased in exchange, and other papers and certificates. Parents will have to fill out an application. It is drawn up in the presence of a UZSN inspector. The document states that parents and guardians are obliged to respect the rights of a minor citizen. Then the inspector, in accordance with the established procedure, certifies the application. If the child is already 14 years old, it is better to come to the guardianship authorities with him. Additionally, it is recommended to ask to visit the government agency and the owner of the property being purchased. The guardianship authorities will take written consent to transfer the premises to the minor. A citizen who has already reached the age of 14 can independently take part in a transaction with the written permission of his parents.
Sale
If it is necessary to sell or exchange property belonging to a minor, the rules are simple: the child’s situation must improve from this transaction.
This means that the ownership share can only increase, as well as the number of square meters. Even if the parents give consent to the transaction, it will be void without the consent of the guardianship authorities. They, in turn, will make a decision based on the documents and explanations provided. Cases vary, so you need to explain to the inspector making the decision all the circumstances of the transaction.
For example, instead of an apartment being sold, a new one will be purchased. According to the documents, the area of the new apartment is smaller than the previous one, but it is located in a new building, in a good area near the school. And the previous one was in an old house on the outskirts. Naturally, without knowing all the details, the inspector will most likely refuse, focusing only on the number of meters.
The same applies to other transactions - rental, exchange and others. The main thing is not to violate the rights and interests of minors, then there will be no problems with registration.
Even if a deal that worsens the child’s conditions happens by mistake, it can be challenged for many years. Sooner or later, the child’s rights will be restored, and the perpetrators will pay for all the damage caused to the parties.
Important: the consent of the guardianship authorities is required only if the child is the owner.
If a minor simply lives or is registered in an apartment, transactions can be carried out without their consent
Procedure for purchasing an apartment with registered minors
Buying an apartment with minor children has certain risks for the buyer. This is due to the fact that if the child’s rights are violated during the transaction, the court will most likely side with the minor and may cancel the transaction.
Guardianship also takes into account the suitability of the new home for habitation, the development of infrastructure in the new area, and the presence of a school and kindergarten there. Permission is unlikely to be obtained to purchase an apartment in a building under construction that has not been put into operation.
Acquisition
As already mentioned, a minor citizen can become a home owner. He can obtain real estate in various ways.
Apartment purchase
Upon purchase, any real estate can be registered in the name of a minor - in whole or in part. If only part is issued
apartments - the contract and certificate must clearly indicate the shares of each owner.
The transaction is completed as usual - at the regional center. It differs from a regular sale and purchase - the child’s representative (parent or guardian) signs for the child.
By the way, if the apartment was paid for with maternity capital, the children must receive their shares in it. This is strictly controlled and audited, and there will be heavy fines if there is a violation.
It is important to remember that parents and close relatives do not have the right to sell an apartment to their child. To do this you need to use other methods.
Inheritance
A child can receive an apartment or a share in it by inheritance. There are two options - everything is formalized with the help of a will, or the child inherits the property according to the established procedure.
Moreover, even after a few years, other heirs may appear who will challenge ownership and try to divide the property. Therefore, if you decide to leave real estate to your child, it will be more convenient to use other methods.
Donation
The most convenient option. Not only parents or relatives can give a child real estate - absolutely anyone can register a gift. At the same time, you can be sure that no one will challenge or take away the property received from the minor. For such a transaction, a standard package of documents for the apartment is collected, a gift deed is drawn up and notarized, and the transaction is formalized in the regional center. The minor's representative signs for him.
Privatization
If a child is registered in an apartment, when registering privatization, he will definitely receive his share of the property. Also, other owners, for example, a mother or father, may renounce their share in his favor.
Even if for some reason the child was not included in the list of owners, he can challenge privatization after 18 years of age.
To avoid water shutoffs for non-payment, you must pay your utility bills on time.
How to get land for individual housing construction? You will learn about this here.
Division of the land plot is possible. Description of the most common case at https://zakonometr.ru/zemlja/dokumenty/uchastok/razdel-zemelnogo-uchastka.html link.
Buying an Apartment with Registered Minor Children 2020
Also according to Art. 69 of the Housing Code of the Russian Federation, children under the age of majority who live together with the tenant of the house and are members of his family have equal rights arising from the social tenancy agreement, therefore, they have the opportunity to participate in the transfer of ownership of the living space on the same level as the adult owners of this residential premises.
If a minor is recognized as fully or partially incompetent, then the main condition for selling an apartment with registered children or a minor owner is the involvement of persons involved in protecting their rights. Only after receiving their permission is the sale of residential premises allowed.
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Buying an apartment with registered minor children
At the same time, any new place will not be suitable for registration. Housing must be equipped for children to live in compliance with all sanitary safety standards. It is desirable that the new living conditions are superior to the old ones. The extract is considered illegal and subject to cancellation if the child does not register at the new place of residence. The registration of a minor child acts as a housing encumbrance. The best option is to register the minor before signing the contract.
If the child is registered and is the owner of the apartment or part of it, then he becomes a party to the transaction and is indicated in the agreement when listing the parties. The legal representative of the minor child must also be indicated in the agreement.
Procedure for selling an apartment with a registered minor child in 2020
Young children who are considered one of the owners of real estate are deprived of the right to make transactions. But parents are not authorized to enter into a purchase and sale agreement for an apartment or house without the consent of the guardianship authorities.
. Guardianship authorities monitor the legality of actions and determine whether they violate the rights of the teenager.
Alienation of an apartment or house where a minor citizen is registered, lives or is a shareholder is not an easy process, but if all legislative acts aimed at protecting the rights of children are observed, everything will go smoothly and successfully.
How does the purchase and sale of an apartment with minors work?
- After marriage. However, divorce is not a basis for limiting legal capacity. The only exception is fictitious marital relations.
- As a result of emancipation. This is a legalized process as a result of which a person becomes legally capable as a result of starting work under an employment contract or engaging in entrepreneurial activity.
They may also refuse for other reasons. In each case, the guardianship authorities compare all available facts and make an individual decision. For example, a government agency will refuse to sell an apartment to a family with an asthmatic child if new housing is purchased in an area with high gas pollution or proximity to processing plants.
We recommend reading: Young Family Program Subsidy Calculation 2020
Why register an apartment for a child?
Registration at the place of residence itself does not give a person any ownership rights to real estate or part of it - this applies to both adults and minors. It turns out that even if five people are registered in an apartment, only one can be its owner. It is he who is responsible for paying property taxes, he can dispose of real estate - sell or rent it out.
But this doesn't always happen. Sometimes the owner is a child under 18 years of age. And in this case, the number of possible manipulations with real estate is very limited, and a third party - the guardianship authorities - also appears in the transaction. But if the process is complicated, why make the child the owner?
There are two main arguments. Firstly , when the child is the sole owner, the apartment is not divided when the spouses divorce. Both of them simply cannot claim any part of the apartment, and it goes to the child.
Secondly , if a parent cannot fulfill financial obligations to the creditor, no one has the right to take away the apartment. The property will remain the property of the minor, and he is not obliged to pay the debts of his representatives.
Selling a House with a Minor Child Registered in 2020
Both parents or guardians must be present during the permitting process. If one of the child’s representatives cannot be present due to divorce, fundamental disagreement with the implementation of the child’s share, or no one knows about his dislocation, then the case is transferred to court. To solve the problem, you can provide written consent, deprivation of parental rights of the absent parent/guardian, or a court order that he is missing.
When selling a living space with a child registered in it who is not the owner, the main risk for the buyer is that it is quite difficult to forcibly remove the child from the purchased apartment in the future.
