Temporary registration of a child is dangerous for the owner, risks, problems, rent increases

Children's place of residence

All citizens under 18 years of age are considered children. Crossing this age limit symbolizes the transition to adulthood. The concept of adulthood is by no means just a term. The child, although he has extensive rights, cannot fully realize them on his own. This is due to limited legal capacity, which is caused by age. Partial independence in choosing actions occurs when children reach 14 years of age. At this age, citizens of the Russian Federation receive a passport, which gives them certain powers and removes some restrictions on their legal capacity.

Speaking about the place of residence of children, two stages should be distinguished:

From birth until age 14.
From 14 years to 18 years of age.

Residence issues are regulated differently in each case. To determine the place of residence in each period, it is necessary to refer to the norms of the Civil and Family Code.

Eviction of minor children from an apartment by the owner

Example. A citizen of Nikolaev lived in a municipal apartment with her son, his wife and their common child. After the divorce, the daughter-in-law and her grandson (8 years old) moved for permanent residence to an apartment they owned. To Nikolaeva’s requests to discharge the child from the apartment, the former daughter-in-law refused. Then Nikolaeva was forced to go to court with a claim to terminate the right to use her living space by her minor grandson. The court, having considered all the evidence presented and heard the arguments of the plaintiff (the defendant did not appear), decided to evict the minor, since in accordance with the provisions of paragraph two of Article 20 of the Civil Code of the Russian Federation, the place of residence of a child under 14 years of age is recognized as the place of residence of his legal representatives, in in this case - the mother. Nikolaeva turned to the passport office with the court decision, and her grandson was discharged from the apartment

Ownership share in the apartment for adult children

1 Exception to the rule
2 Nuances of legal consequences
3 Housing after a mortgage
4 Encumbrance with maternity capital
5

According to Russian legislation, in particular in accordance with Article 21 of the Civil Code, citizens in Russia are considered adults upon reaching the full age of eighteen. Until this time, a person is not fully capable, which means he does not have the right to independently perform a number of actions and cannot participate in transactions on his own initiative. For example, after reaching the age of majority, citizens have the right to drive vehicles, enter into an official marriage, can hold public office, take part in elections, and also make transactions with real estate, which they own.

Up to 14 years old

Children under 14 years of age are considered completely incompetent. In Article 21 of the Civil Code of the Russian Federation, the concept of legal capacity is deciphered as the ability of a person to independently make decisions, implement them and bear full responsibility for them. In accordance with this, the child cannot decide where to live; adults answer these questions for him. The fate of minors is held in their hands by parents, and in their absence, guardians or adoptive parents. They are the ones who choose the place of residence and register the child.

Article 20 of the Civil Code of the Russian Federation regulates that minor children under the age of 14 years can live, and accordingly be registered, only in the same place as their parents. If mom and dad live separately from each other, then the issue is resolved by agreement between adults or in court.

After 14 years

Upon reaching the age of 14, the child is issued a passport, in addition, partial legal capacity is established. It affects the ability to:

Make decisions on transactions.
Manage your income.

Please note that any action must be agreed with and approved by parents or guardians. In fact, a teenager can express his opinion and justify it, but he is still unable to take this or that action on his own.

It is from the age of 14 that a minor can be registered separately from his parents. He will not be able to check out of one place and register for another on his own, and the selection process itself remains up to the parents.

When submitting an application to the territorial center of the Ministry of Internal Affairs, a teenager must obtain the consent of both parents to perform the action.

Under guardianship

Guardians of minors are given a range of responsibilities in relation to children, but at the same time, parents, if they are alive, must also provide for their children financially. Registration of children under guardianship can be done in several ways:

If a child has a legal right to the property of his parents, and he is registered there at his place of residence, then the guardians can register him with them temporarily or register him on a permanent basis. In both cases, the child’s rights to the apartment are preserved.
If adults deprived of parental rights do not have property, the minor receives registration from the guardians, but property rights are regulated in a special way.

Guardians provide only temporary care for the child until he reaches adulthood. However, children raised in foster families, by law, must be registered at their location, which means they must have at least temporary registration at this address.

All about forced eviction of children

If the owner has a desire to forcibly evict citizens with a baby, he must act on the basis of a lease agreement, which must stipulate:

the period (from and to) allotted for permitting temporary residence of citizens. If there is no such framework, then the contract can only be annulled through legal proceedings;
indicates the presence or absence of tenants’ own housing: apartments, houses, dorm rooms. If it turns out that you do not have your own housing, then it is impossible to forcibly revoke the temporary registration of tenants with a child; in any case, the court may postpone this issue until the problem of purchasing or renting another premises is resolved.

Also, if a baby is born to people living in the apartment during the term of the contract, the consent of the owner of the property will not even be necessary for the temporary registration of the newborn.

Even more difficulties arise with the forced eviction of disabled children. It is possible to evict them only through the court and if the minor has another living space. In other cases, it is impossible to discharge him from the apartment. Even if a disabled child has another living space, compelling reasons are needed to evict him. Each case is considered individually in court.

This is interesting: Enroll your child in a school not based on registration

In any case, what is dangerous about the temporary registration of children for the owner of the apartment is that it brings with it quite a few problems during early discharge. Before agreeing to an offer to rent out personal housing for a long time and register temporary tenants, it is better to first protect yourself and find out what the consequences of temporary registration of people with children are.

Place of residence after parents' divorce

The ideal situation for both the state and people is considered to be conditions in which the family is complete, and the parents live together in marriage and raise their children. But unfortunately, unions break up extremely often, divorce statistics are alarming and continue to have a tendency to constantly increase indicators. When a family breaks up, all its members suffer to one degree or another, but this most acutely affects children, especially in cases where both parents conscientiously fulfilled their duties. The desire to raise minors continues to be expressed not only by mothers; today there are many examples when it is fathers who take custody and raise children. But each case is unique and requires an individual approach.

In case of divorce, the place of residence of children is determined based on the following indicators:

The wishes of the parents and the presence of voluntary consent between them.
Children's opinions are taken into account in any case, but are accepted as an official statement starting from the age of 10.

If the former spouses cannot resolve this issue on their own, they go to court. When making a decision, this authority is guided by the best conditions that one or another party can provide for their children.

Registration in a municipal apartment

The simplest option is the situation when one of the parents or both spouses live in such premises and are registered there. When children are born, their registration is carried out upon the application of any parent. In this case, there is no need to ask the consent of other registered residents or ask for permission to register from local authorities. If parents have received the right to live in municipal housing while already having children, then minors are registered there on the basis of mandatory residence with mom and dad.

It is possible to register a child in a municipal apartment separately from his parents. It occurs after the teenager turns 14 years old. But it should be borne in mind that he can become a tenant in municipal premises only if his other relatives are registered there, for example, a grandmother, or with the permission of the municipality.

Rights of a temporarily registered child

Many people have a question related to the need to register strangers in their home, especially a mother and child. What are the consequences of registering them in an apartment for the owner? From the moment of concluding a residence agreement with strangers, they have the right to: live in the given territory and use public services, go to kindergarten or school at their place of residence, and receive social benefits. For adults, the right to find employment close to home is added, which is of great importance in densely populated areas. However, as soon as the registration period for either the baby or his parents expires, all these rights can be revoked.

This is interesting: How to enroll your child in kindergarten and find out the waiting list for kindergarten

To live, but not to own. adult children lost their right to housing

According to the law, there are two exceptions when a citizen can be considered an adult and independent from the age of sixteen:

State registration of official marriage - the board of trustees may allow this for some good reasons (they are determined by local governments in each region, but most often we are talking about the pregnancy of the future spouse,
Complete financial independence from parents and guardians - when a minor registers himself as a private entrepreneur with their consent or is employed under a contract.

Thus, adulthood does not occur at eighteen for everyone. For some it is at sixteen, for others at seventeen.

However, any shared property upon reaching the age of majority passes to their full disposal as citizens.

Property rights of a child under family law

It is believed (and, by the way, quite reasonably) that only in this case can the protection of the rights of the child be fully ensured. Among all the property available to spouses at the time of divorce, there is usually both that which belonged to each of them before marriage, and that which was acquired during family life. According to the current edition of the Family Code of the Russian Federation, only that which is joint is subject to division. In this case, it is divided in half, unless otherwise established by a special agreement of the spouses.

Share of an adult child in the parental apartment

How to register your adult children for shared ownership Among the wife's close relatives: the mother is a pensioner, the husband has a brother (no family) read answers (2) Tags: Death of a husband Death of a wife Inherited apartment How can a husband register shares of an apartment for 2 children not adults and me (wife) as property? It is advisable to spend less moneyread answers (1) Tags: We own an apartment of 5 shares, sq. 62, sq/m, the shareholders are two adults, my children, in total I get 3 shares with my children, there are 3 shares in the apartment answers (1) Tags: Sale apartments Shares in kind 3-room apartment in shared ownership of 1/4 shares, adult children are married.

Selling an apartment with a registered minor child

At the same time, it must be taken into account that children under 14 years of age must live (be registered) at the same address as their parents, guardians or adoptive parents (according to Opens in a new tab.”>clause 2, Article 20 of the Civil Code of the Russian Federation), and children from 14 to 18 years of age have the right to live at a different address, for example, with close relatives (grandmother, adult brothers or sisters, uncles, aunts, etc.).

If it turns out that a child is not registered in the apartment being sold and is not listed as one of its owners (for example, he simply physically lives in it), then such a child will not have anything to do with the purchase and sale transaction of the apartment.

Property division

The husband and wife divorced. I own 2/3 of the house, I was denied registration of 2 adult children on my property, since the shares were not allocated, they said that the consent of all share owners is needed, they agree to give me permission for this, but the situation is complicated by the fact that one of them has the right to inheritance under a will, but did not exercise this right, i.e. did not receive a Certificate of ownership, and the second must first enter into inheritance rights through the court, and then, by a court decision, receive a Certificate of ownership, both shareholders agree to renounce their shares in my favor, but we were told that this is possible only after they have registered self-ownership. This will take a lot of time, effort and money, but for now my children are forced to live under temporary registration. Pravoved.RU 392 lawyers are now on the site Consult with a lawyer online 392 lawyers are ready to answer now Reply in 15 minutes

My name is Olga, I have been registered in my parents’ apartment since I was 15 years old, I now have a 4-year-old child, my mother’s roommate is not registered there, how legal are their actions to kick me out of there, my child also goes to kindergarten at the place of registration. I don't have my own home. Collapse Victoria Dymova Support employee Pravoved.ru Hello! Similar questions have already been considered, try looking here: Answers from lawyers (1) Olga - what is the status of your parents’ apartment? Is it owned or socially hired? Depending on the answer, options are possible.. All legal services in Moscow Drawing up a claim for the procedure for using an apartment Moscow from 4,000 rubles. Determining the procedure for using an apartment in Moscow from 30,000 rubles.

Basic rights of the child

Having registration in a municipal apartment gives the child special privileges. In addition, he retains basic constitutional rights, such as:

Providing food.
Education.
Health protection.
Medical service.
Recreation and entertainment.
A full standard of living.
Freedom of thought.
Protecting your interests.

Among other things, children also have property rights. Article No. 69 of the Housing Code indicates that minors who live in premises under a social tenancy agreement have the same rights as adults and are the owners of this property. If parents voluntarily leave such an apartment with their children and register at a different address, then their rights will not be considered violated. But if other residents or the municipality itself want to terminate the rental agreement with minors, they will not be successful, because both the court and guardianship will, first of all, look after the interests of the children.

The right to privatize housing

A minor child registered in a municipal apartment has the right to take part in the privatization process open to this premises. The very fact of having a registration already puts the child on the list of privatizing persons. Although he will not lose this right after he reaches 18 years of age, the main condition is that he must be registered on the premises.

To carry out privatization, the consent of all residents is required; for minors, the agreement is signed by the parent. The child himself does not have any responsibilities for paperwork, but immediately after privatization he has his own share in the property. It can be disposed of after 18 years of age or earlier if permission is given by parents and guardianship authorities. A minor cannot be excluded from co-ownership; his rights are priority and equal in strength to adult residents of a municipal apartment.

What documents are needed

You can submit an application for registration to various government agencies:

to the passport office of the management company;
to the migration service of the Russian Federation;
in the MFC (My Documents).

There is also an electronic service on the single portal of State Services; you can submit an application via the Internet and attach photocopies of the main package of documents to it:

photocopies of a certain format of the applicants’ general passports;
if the child is under 14 years old, then a photocopy of the certificate;
after 14 years of age, a photocopy of his passport must be attached.

After successfully submitting documents through the portal, a notification about the acceptance of documents and an invitation to receive a certificate of registration will be sent to the attached email address.

The same procedure applies to personal visits to one of these institutions.

Registration in a privatized apartment

Ownership of property and registration of residential premises are completely different concepts. One does not follow from the other as a mandatory measure. A citizen who has not reached the age of majority can be registered in a privatized apartment under two conditions:

As a relative of the owner, for example, a son or daughter.
As an outsider.

When discussing the issue of registering minors in privatized property, we should not forget who exactly is the owner of the premises. According to the law of the Russian Federation, you can register in any living space, provided that the owner himself is not against such actions. A special feature of privatized apartments is the fact that there is no need to seek permission from other residents or local authorities. This applies not only to children, but also to adults. If the owner has decided to register parents with their offspring, then no one has the right to prevent him.

Child's share in the apartment in case of divorce

In order to sell a non-privatized apartment, it should be privatized and included in the number of owners of the child.

In general, you can register a share for a minor when registering privatization or when purchasing an apartment. If the property has already been acquired and privatized, the allocation of a share to the child can be formalized as a gift. A social tenancy agreement creates a kind of “illusion” of the emergence of rights of use, so the court or prosecutor may also regard this as an infringement of the rights of the child.

Child's rights to housing

A minor registered in a privatized apartment has the right to use the property on an equal basis with other family members. Otherwise, his privileges are determined by a combination of available factors:

If a person who has not reached the age of majority is registered in the apartment of his parents, but does not have ownership rights, then he will be able to claim the property only after their death, as an heir.
Registration in the apartment of an owner who is not the father or mother of the offspring; there can be no property claims on the part of the minor tenant.

The owner of the living space has the right to insist on the discharge of adults along with their children at any time, provided that he is not the parent of the latter. Former spouses after a divorce can initiate deregistration of the other half. In this case, the child is discharged only if the ex-wife or husband provides him with another place of residence.

Can he claim a share?

Despite the extensive protection of the rights of minors, legislative norms in property matters are still far from perfect. When dividing property between spouses, children are often not taken into account and shares are not allocated to them.

A child who has not reached the age of majority will be able to receive a legal share in the apartment only if:

He participated in privatization.
Provides inheritance rights after the death of one of the parents.

In other cases, it is quite difficult to obtain some part of housing while being of incapacitated age.

How to sell an apartment with a minor owner or a registered child

Statements from each parent about the transaction being made;
Consent of children in writing if they have reached 14 years of age;
Personal accounts, extracts from house books in originals, certificates confirming the birth of children must be presented in originals, with copies of them provided;
Certificates confirming ownership, issued in the name of children or other documents that confirm that they have property rights to the living space;
Housing assessment documents taken from the BTI, cadastral plan;
Documents confirming the validity of the reason for the absence of one of the parents, if the application is made from only one;
Documents issued by the tax office regarding payment of tax payments on the property. They may also request certificates of absence of debts;
Technical passport;
Home purchase agreements.

Read more: Power of attorney to drive a car from an individual

Do adult children have a share in housing?

Offer your co-owners to buy out your share, Article 165.1., 250 of the Civil Code of the Russian Federation. Look for a buyer and carry out all transactions through a notary.

In order to sell a non-privatized apartment, it should be privatized and included in the number of owners of the child.

In general, you can register a share for a minor when registering privatization or when purchasing an apartment. If the property has already been acquired and privatized, the allocation of a share to the child can be formalized as a gift. When a child is simply registered in an apartment, there is no need to obtain permission from the guardianship authorities, unless the parents or guardians are deprived or limited in parental rights, which can be confirmed by a corresponding certificate from the guardianship and trusteeship authorities. A child discharged from an apartment for sale must be re-registered at the new place of residence.

What rights does a child registered in an apartment have, but not the owner?

Children, like adults, are endowed with various powers in relation to residential premises, which often raises the question: if a child is registered in an apartment, does he have ownership rights? The legislative framework of the state contains many norms that ensure the protection of the interests of minors, including in the housing sector.

Social contract Renting makes it possible for citizens living in premises that are part of the municipality or state fund to obtain ownership of this property. Until 1994, parents could privatize housing, excluding minors from the process. This situation led to the fact that those who had reached the age of 18 began to apply to the relevant authorities demanding the restoration of their violated rights. This had a particularly negative impact on citizens who bought disputed houses or apartments, since the court clearly sides with the plaintiffs in this matter. At present, it is impossible to bypass the interests of the child.

May 13, 2020 glavurist 142

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What share do adult children have?

In addition, the representative of the authorities must conduct a conversation with the child’s parents, the child himself, if he has reached the age of 14, and the owner of the apartment being purchased. If parental permission is obtained in writing, a fourteen-year-old child may participate in the transaction on his own behalf.

If the size of the old share in the apartment is 1/3 of the total area, the child should receive a similar amount of property in the new apartment. Its size cannot be reduced.

In addition, the law provides for the obligation of pupils to support their educators - that is, the persons who actually raised and supported the minor child. I have been officially married for 27 years. With Mr. We live together with two adult children in a social rent apartment. I am a responsible tenant. Now the husband has applied to the magistrates' court to dissolve the marriage.

If one of the legal representatives cannot be present in person due to being in another country or city, written consent must be attached to the list of documents. It is certified by a notary.

If a minor child has a specific room in a communal apartment or another apartment, clearly corresponding to the size of the room, and this is indicated in the property documents, it will be easier to sell such a share belonging to the child. A more complex and less profitable option is when the share of the apartment does not correspond to a specific room.

Where the following documents are submitted: deed of gift, document confirming the donor’s ownership of real estate, child’s birth certificate, parents’ passports.

You can sell a child’s share if there is a guarantee that he will receive another property in his name (or an equivalent amount of money), which means that his right to housing will be respected. The sale of a child's property must be confirmed by the consent of the parents (or guardians).

If a minor is registered in the apartment and has a share in the property that needs to be sold, even more restrictions arise. An adult decides for himself how he will live after the sale of his home, but a child, from the point of view of the law, cannot be left without a roof over his head, even with documentation.

According to Russian legislation, in particular in accordance with Article 21 of the Civil Code, citizens in Russia are considered adults upon reaching the full age of eighteen.

Very often, the distribution of shares is fixed in the purchase agreement for the object as a separate clause. Each bank has a ready-made standard form for such a document, so there are usually no difficulties with this.

You can distribute shares in any ratio. You can redistribute it in such a way that everyone has 1/4, or otherwise - the registration authority doesn’t care. How exactly to divide? Most likely it is a gift agreement, but the agreement on the distribution of shares is a slightly different story.

After the divorce, she did not file for division of property, since her daughter lives with him. He says he will be lost without me. He began to drink alcohol heavily. And he drinks himself to the point of delirium tremens.

The action is carried out on the basis of the relevant court decision. All persons who violate the law will be punished. If parents do not want to buy housing with the proceeds from the sale, they must provide the child with a share in any other apartment. This could be a room that belongs to a grandparent.

Based on clause 1 of this article, minors and disabled children of the testator have the right to it.

The legislation of the Russian Federation establishes that minor children have the right to be the owner of an apartment or other housing. Housing can be registered in the name of a child upon purchase or privatization, it can be received as a gift or inherited by him at any age.

His mother can make such a decision only if the adoptive father is a man. If it is a woman, the decision must be made by the father of the minor.

The board of trustees in most cases is based on footage. All other things being equal (isolated apartment, all amenities), in the new apartment you will have to allocate an area no less than that of the child.

For example, selling a child’s share in an apartment that has been privatized into joint ownership is a very difficult procedure. Especially if the other shareholders are against the allocation of shares (it is beneficial for them not to determine the shares and use the entire apartment). And do not buy out the child’s share. The allocated share of the child in the privatized apartment creates an easier option for sale.

It is worth remembering that now all contracts related to shared ownership must be notarized.

We sell children's shares. What can the buyer offer that is so good that the guardianship agrees to the buyer's tempting offer? And the buyers actually offered. They gave triple the price for the children’s shares, and the guardianship agreed.

Does a child have the right to a share in his father’s apartment?

A parent whose paternity is documented is obliged to support and provide the necessary financial support to his minor and disabled children.

But just like any other citizen of the Russian Federation, he has the right to the inviolability of personal property. Without his consent, even officially recognized children cannot receive a share in the apartment that belongs to him.

Otherwise, to register a parent’s share of real estate for children, special grounds are needed, more about which you can find out below.

Does a child over 18 years old claim a share in a divorce?

Thus, according to paragraph 2 of this article, after adoption, children are deprived of their rights and responsibilities in relation to their parents.

An exception to clause 2 is the situation when one person (male or female) acts as a foster parent.

High MFO interest can be recalculated, since a high MFO interest (for example, 2% per day) is subject to accrual only for the loan repayment period (for example, 1 month), and for the rest of the period the weighted average interest rate on the loan for individuals is subject to accrual. persons (about 20% per annum). In this way, the amount of debt can be reduced very significantly.

Thus, adulthood does not occur at eighteen for everyone. For some it is at sixteen, for others at seventeen.