Sale of a privatized apartment with minor children
- a statement from both parents about the upcoming transaction;
- personal accounts, extract from the house register in the originals, birth certificates of children, original - demonstrate, copy - hand in;
- a certificate of ownership in the name of the children or other documents confirming their property rights to housing;
- documents on the assessment of the apartment from the BTI, cadastral plan;
- a document on a valid reason for the absence of the second parent, if only one of them applies;
- document from the tax office confirming payment of all property taxes.
written consent of children over fourteen years of age;
Have you registered an apartment for your child? Consequences!
Legal nuances in the purchase and sale of real estate registered or registered in the name of minors are considered
The right to own property, incl.
real estate, applies to Russian citizens of any age in accordance with the Constitution of the Russian Federation (Article 35, paragraph 2) and the Civil Code (Article 17, paragraph 2). According to the Civil Code (Art.
128) the object of civil rights can be various property, including real estate - houses, apartments and land plots.
However, children do not have an automatic property right to the property of their parents (Family Code, Article 60, paragraph 4) - registration at the place of residence (also “propiska”) is only an administrative obligation of citizens of the Russian Federation and an indispensable condition for long-term residence in residential premises (law for No. 5242-1).
To become the owner of an apartment, a child (minor, minor) must obtain this right through purchase, inheritance, donation or privatization.
Moreover, all of the above methods for a child to legally acquire the right to own a home are not feasible without the direct assistance of adults (usually parents, guardians, or relatives) due to, from the legal standpoint, insufficient legal capacity.
Why is housing registered for children?
The reasons that encourage parents to give their child the status of owner of real estate, albeit with limited rights of disposal, may be different. Let's look at the most common ones.
Providing living space
. The child is guaranteed to retain the right to own and live in the apartment that belongs to him, since the possibility of alienating this property will be limited by the mandatory approval of the guardianship authorities. The disposal of real estate until the child reaches adulthood will be a parent or guardian (i.e., legal representative).
Withdrawal from jointly acquired property
. According to the registration of residential property for a child, this property no longer belongs to the common (joint) property of the spouses (Family Code, Article 60, paragraph 4).
Accordingly, upon divorce, all property acquired jointly by the spouses will be divided in half, but the apartment that does not belong to their child will be divided in half - being the property of a third party, it is not subject to division.
Release from arrest
(possible).
By re-registering the apartment for their children, parents manage to protect their home from problems, for example, with credit institutions, where they (the parents) take out cash loans. If the loan amount is not repaid, the creditor can foreclose only on the debtor’s property, incl.
his share of the property acquired jointly during the marriage. But the above-mentioned article of the Family Code legally separates the property of children and their parents.
Can children independently manage their property?
The right to own an apartment in the case of a child owner does not mean the right to dispose of it. Until they reach adulthood, children cannot dispose of the property that belongs to them.
Moreover, minors under 14 years of age are not entitled to personally participate in transactions - parents (guardians, adoptive parents) act on transactions on behalf of the children under their care (Civil Code, Art. 28).
Teenagers aged 14-18 years have the right to participate (the right to sign) in real estate transactions, but only with the written permission of their parents (Civil Code, Art. 26).
Real estate transactions made by parents (guardians) registered in the name of a child (i.e., with an increase in his property) do not require the approval of the guardianship authorities. But any transactions in one way or another connected with the alienation of real estate of minors are impossible without written permission from guardianship and trusteeship (Civil Code, Art. 37).
However, a minor over 16 years of age may have the right to dispose of real estate at his discretion, without the control of parents and government guardianship authorities - if the teenager works (contract, agreement) or is engaged in business (Civil Code, Art. 27), or has entered into marriage (Civil Code). code, art. 21, clause 2).
Can parents dispose of an apartment belonging to a child?
From the moment ownership of real estate is transferred (notarized and registered by Rosreestr) from the parent to the child, it becomes the exclusive property of the minor.
Neither parents nor other legal representatives of a minor owner of an apartment have the right to sell, exchange or donate real estate belonging to the child, as well as place it as collateral, for free use or allocate shares in it to anyone (Civil Code, Art. 37, p. .2).
It should be especially emphasized that the current legislation directly prohibits any transactions between guardians of minors and close relatives of the guardians themselves, with the exception of the donation of property or transfer for free use in favor of the minors under guardianship (Civil Code, Art. 37, paragraph 3). Those. It is impossible for parents or their close relatives to buy out an apartment previously registered in the name of a child.
When guardianship authorities allow the sale of real estate belonging to children
Regulatory rules for disposing of the property of minor wards are established by the Civil Code (Article 37, paragraph 2); they directly prohibit any alienation transactions regarding this property without the approval of state guardianship authorities.
First of all, government agencies monitor the possible deterioration of children’s living conditions or their loss of housing as a result of a transaction, for example, the sale of an apartment. However, there are no clear definitions that allow one to expect in advance when the guardianship authority will approve and when it will prohibit the transaction. Of course, the refusal of the state agency of guardianship and trusteeship must be written and motivated; it can be challenged in court.
With a high probability, the guardianship will approve a transaction with the child’s real estate if it is obviously beneficial to the minor - in return, real estate of a similar or larger area is purchased in his name.
The guardianship department will most likely grant permission if exceptional circumstances arise for the child, for example, if he needs to pay for his treatment.
But, in any case, the final decision remains with the guardianship service.
What will the guardianship authorities take into account?
They will be interested in the territorial correspondence of the real estate purchased in the child’s name to the location of the existing housing. For example, the intention of a guardian to exchange the ward’s apartment located in the center of Ufa for housing of a slightly larger area, but located, say, in Blagoveshchensk, will not be approved by the guardianship authorities.
An obvious discrepancy with the interests of the child for the state guardianship service will be the difference in the cost of housing.
If the property offered to replace the existing apartment of the minor owner turns out to be cheaper, the guardianship service obliges the guardians to transfer the difference in cost to the child’s bank account, otherwise permission will not be granted. The child will have access to this bank account upon reaching adulthood.
How to sell an apartment in which a child owns a share
Only with permission from the state guardianship agency. And the guardianship department will agree to approve the transaction if the child is provided with a similar share in another housing compared to the existing apartment - a similar or larger area, the same or higher cost.
Consequences of disposing of the property of a minor without the permission of the guardianship service
Establishing the fact of a transaction with the real estate of a minor, made by the guardian or the ward themselves with the consent of the guardian, but without notification or without the permission of the guardianship service, entails consequences as defined by law No. 48-FZ (Article 21, paragraph 4).
If such a transaction is discovered, the state agency for guardianship and trusteeship is obliged to immediately go to court on behalf of the ward, demanding termination of the contract under the terms of the Civil Code (Articles 450-453). After termination of an illegal contract, the minor’s real estate is subject to full return with compensation for losses by the guardian (Civil Code, Art. 15 and Art. 1064).
Source https://avprrb.ru/articles/poleznaya-informatsiya/mozhno-li-oformit-kvartiru-na-rebenka/
Transaction security
A barter or exchange transaction has its own characteristics. For those who go for an exchange, it is important to be attentive and demanding. You should check whether no one is registered in the new apartment, whether minor children are registered there. It is recommended to take an interest in the history of the property, how often it was sold or exchanged. Frequent real estate transactions should raise red flags.
And you shouldn’t rush to choose an option; new housing should be of high quality, comfortable, and safe. After all, the deal will take a lot of effort and time, and it must be justified.
Owners against
When signing an exchange agreement, one of the required documents is the written consent of the co-owners of the property for such an operation. This is the rule for privatized apartments.
IMPORTANT! If one of the shareholders is against exchanging the apartment, its initiator can only dispose of his share.
What to do in this case? The procedure is provided by law:
- A situation is possible when one of the spouses wants to move to another home, and the other wants to stay at the previous address. In this case, the initiator of the move notifies the husband (wife) of his intentions in writing, offering to buy out his share.
- If the second spouse does not redeem the share within a month, the owner can transfer it to a third party and exchange it for a friend’s living space. The second owner continues to manage only his part.
- In such circumstances, a municipal apartment is exchanged as the local authorities decide.
Housing exchange
A privately owned apartment, decorated in compliance with all requirements for the privatization process, can only be exchanged with the consent of its owners. But at the same time, different options are allowed regarding transactions of an alternative plan, regarding the transfer of property:
- Apartment owners turn to realtors with the task of finding several options for relocating people who previously lived in the same apartment.
- Options must meet the maximum customer requirements. For example, wishes may be expressed regarding the location of apartments for relocation, their area, and number of floors.
- The process is complex because agencies must find multiple properties that meet the requirements.
What features does the exchange of a privatized apartment have? If one of the owners or residents moves to unequal conditions, he may require additional payment for amenities and comfort.
ATTENTION! Citizens can move from an apartment to a private house if they so desire. In this regard, along with the house, the owner also receives a plot of land.
All these nuances must be documented so that the parties do not have claims against each other in the future.
City Yar Real Estate in Yaroslavl - a single database of Real Estate
And this condition is that if at least one share belongs to a minor child, then during the exchange all his rights must be respected.
Therefore, when you have found buyers for your living space and found a new one, the first thing you should do is go to the inspector at the guardianship and trusteeship authorities. The following transactions are subject to mandatory approval by this body: In all these cases, a positive decision on the exchange will be made only if housing conditions improve, but not vice versa.
