Is it necessary to give a child a share in the apartment?

Methods for distributing shares in housing owned by several citizens

The privatization process is common, since in this case, in relation to residential premises, transactions can be carried out, such as sale, exchange, donation, bequest and others, depending on the life situation.
Ownership of housing can take place individually or with the distribution of shares among citizens, in which case they will all be shared owners. People who have not previously privatized are usually interested in how to allocate a share in an apartment ? What actions need to be taken, what is the list of documents to be submitted to the registration chamber? The allocation of a share from the common shared property occurs in three ways:

• if all citizens who have the rights to dispose, use and reside in residential premises agree to the allocation of a share from the common shared property. In this situation, the process is significantly simplified; it is regulated by Article 252 of the Civil Code. First, the size of the shares is determined according to which the distribution will take place. The participants draw up an agreement regulating the process of allocating a share in the apartment . At the next stage, it is necessary to contact a notary to check all the grounds, documents for legality, as well as certify the agreement;
• if any of the owners of the common property does not consent to the allocation of a share in the apartment. For example, people who did not register their relationship with the registry office bought a house or apartment with common money. In this case, it would be advisable to send a statement of claim to the court in order to put forward a demand for recognition of this residential premises as common property between citizens, then distribute it into shares, as an option, you can allocate a share in kind in the apartment ;
• Many parents do not know how to allocate a share in an apartment to a minor child if maternity capital was used to purchase it . The protection of children's rights comes first in the sphere of regional social policy, therefore this issue is controlled by the guardianship and trusteeship authority. To guarantee the preservation of the living space for the child, you can draw up an agreement with a notary. Transactions involving children and family capital occur after an order from the guardianship and trusteeship department is issued to authorize this procedure. This order states a clause according to which the parent is obliged to allocate a share to the child in proportion to the amount of maternity capital used.

Similar article: documents for buying and selling an apartment.
Each case is individual, so the owner of a residential premises, before allocating a share in a privatized apartment , must think about how to implement this process. He needs to understand how the distribution will take place - the allocation of a share in the apartment through the court or with the consent of the other participants.

Similar article: is it possible to cancel a gift agreement?

Is it possible and how to allocate a share to a child in another apartment?

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Parents do not always care about their children properly, and sometimes even treat them negatively. In such cases, you need to remember that children under the age of 18 are protected by the state and also have the right to a share in an apartment or house.

Is it necessary to allocate a share to a child when buying an apartment?

Transferring part of the residential property to children when purchasing an apartment is not the responsibility of the parents. The allocation of a share is a right exercised only at the initiative of the spouses themselves or one of them.

At the same time, there are several situations when, by law, the transfer of a share in a home to children is mandatory:

1. The apartment is purchased with the participation of family capital . In this case, the spouses are obliged to give their children shares in the residential property. If the purchase is made with the participation of mortgage funds, then after the encumbrance is removed (as soon as the last payment to the bank is made).
2. The apartment is purchased with the funds of minors . For example, using funds from the sale of housing in which the children already had their own shares. In this situation, the spouses are obliged to allocate equal shares in the new home.

Minimum share per child

The law does not regulate the specific size of the share required to be allocated to children. In most cases, distribution occurs in equal parts for all people living in the family.

This principle is not mandatory, and some parents transfer equal shares of property to their children, and the remaining part is registered in the name of one of the spouses, both in equal parts, or in joint ownership.

Today, in accordance with Federal standards, the minimum or “ideal” sanitary share in the living space is 6 m2, regardless of the age of the owner.

At the same time, the Housing Code sets the standard living space for each family member at 12 m2. In different regions of the country, these figures can vary from 7 to 14 m2.

At the same time, there are some features of allocating shares in a home purchased with maternal capital.

Sometimes notaries insist on the distribution of shares based on the ratio of capital to the total cost of the home.

For example, if the price of an apartment is 500,000 rubles, the best option would be to divide the living space into equal parts between spouses and children. If the cost is one million, then 1/6 can be allocated to children.

Important! In 2020, the law does not provide for such a responsibility for parents. Therefore, the share can be determined by the parent.

Allocation of a share in another apartment

Allocating a share for children in another place of residence becomes relevant when parents decide to increase the size of their living space (for example, after the birth of other children).

Selling an apartment where one of the owners is a minor is a very difficult task. Permission for such a procedure can only be given by the guardianship authorities if, based on the results of the inspection, it is proven that the child’s rights will not be infringed, and he will receive a share of equal value in the new housing.

In addition, the children’s share in the new housing should not be less than what belonged to them in the old apartment, that is, even if the cost of the new housing is much higher than the price of the previous one, the percentage of the minor’s share should remain the same.

For example, the old apartment cost 1 million and the baby’s share was 1/3, this means that in the new one he is also entitled to 1/3, even if the price of the property is already 2 million.

In the process of obtaining permission for a new allocation of shares, the following formalities must be observed:

1. Obtain permission from the district guardianship department to sell the share.
2. Draw up a purchase and sale agreement certified by a notary (both for the sale and purchase of an apartment).

Guardianship authorities check property documents, both current and purchased property, to make sure that the child’s property will not be reduced during the transaction.

Allocation of a share in a house under construction

The legislator does not prohibit registering part of the future property for children, but there are certain nuances.

No. Transaction details

Depending on age, the deal will have different variations. So, if the child is not yet 14 years old, then all purchasing decisions will be made for him by his parents.

From 14 to 17 years of age, a teenager signs all the necessary papers independently, but with the written permission of his father and mother.

The share agreement must be registered with Rosreestr.

To do this, you must submit a package of documents to the authority:

• original share agreement in several copies (minimum 3);
• two applications: one from the shareholder (the minor’s parents sign for him, the teenager signs himself) and from the developer;
• personal documents of the participants (passport, birth certificates of children, proof of authority of trustees if they are involved in the transaction);
• an act authorizing the construction of a residential building;
• receipt of payment of the duty (350 rubles).

After construction is completed, the family again needs to contact Rosreestr to register the apartment as shared (with the participation of the child) or sole property of the minor.

To do this, in addition to the above documents, you must also provide:

• an act authorizing the commissioning of housing;
• act of acceptance and transfer of the apartment, which must be signed by all participants;
• receipt of payment of the duty (RUB 2,000).

After completing all the documentation, you need to register one of the parents together with the minor, since by law they cannot live alone, or leave their registration at the previous place of residence. This fact does not affect ownership.

Example. The Ivanov couple decided to purchase an apartment in a building under construction for their fifteen-year-old son. To do this, they entered into an agreement on participation in shared construction in the name of the spouse in order to avoid collecting additional documents.

After the house was put into operation, the head of the family received ownership of the home. After that, he turned to a lawyer, who helped draw up an agreement for donating an apartment from father to son.

This document was provided to the MFC and after 2 weeks the minor became the owner of the property.

How to allocate shares to children in a house or apartment

The allocation of shares in living space to children, if family capital was not involved, occurs according to the general rule about the transfer of part of the property.

Procedure

Algorithm of actions for allocating shares:

1. Contact a notary office or leave the document yourself.
2. Register the transfer of part of the property (in Rosreestr).

The law provides for the possibility of allocating shares to children as follows:

• draw up a voluntary agreement on the transfer of part of the residential property;
• draw up a deed of gift in favor of the children.

The process of state registration of property includes the following steps:

• each owner must submit an application on his own behalf;
• submit all contracts or agreements (to be drawn up separately for all children);
• submit personal documents of each owner (passport, adoption or birth certificate for each child), title certificate for an apartment or private house, certificate of purchase of a house or apartment (purchase agreement, loan (mortgage) or equity participation);
• receipt of payment of state duty (RUB 2,000).

In situations where the living space is owned by one of the parents, notarization of the donation is not necessary; it is necessary only in case of shared ownership of the apartment. However, it is advisable to obtain permission for the gift from the other parent.

If there is no permission, the deed of gift will be issued with an entry indicating the second spouse’s disagreement with the gift transaction.

If housing was purchased through mortgage lending, before starting the procedure for allocating and registering shares, it is necessary to remove the burden of debt from the property, that is, pay the debt in full and obtain a mortgage.

Required documents

When contacting the Rosreestr service to allocate shares to children, spouses must submit the following documentation:

1. Application for allocation of parts.
2. Documents of each owner.
3. Marriage certificate.
4. Housing passports (technical and cadastral).
5. Certificate from the Real Estate Inventory Bureau (BTI).
6. A gift or voluntary agreement for the transfer of part of the property.
7. Receipt for payment of state duty.

Deadlines

Registration of the right to a share in the property occurs within 10 days after submitting all necessary documentation and application.

The issuance of a title document in which all owners and their shares are registered is carried out within 1 month, after which it is sent to the Rosreestr archive.

Price

The cost of allocating parts of a residential property includes:

• payment for notary office services (may vary in different regions of the country, the minimum is 9,000 rubles, and the maximum is 12,000 rubles. At the same time, the average price of services is 1200 - 2500 rubles);
• payment of several state duties: 350 rub. (in case of registration of a pre-employment education), 2000 rub. for registration of documents in Rosreestr;
• other certificates and documents required for transfer to the registration service (approximately 1,000 rubles).

Nuances

The transfer of part of the property to a minor is possible only in kind, that is, only by allocating a specific room in an apartment or house.

Many lawyers do not advise allocating a share in residential property to a minor child, unless this is required by law, since in the future it will be quite problematic to sell such property.

Alienation of an apartment, one of the owners of which is a minor or minor, is possible only with the consent of the guardianship authorities, which gives rise to a lot of formalities.

However, in accordance with Russian laws, children in any case must be registered (registered) at their place of residence.

If you need to allocate a share in housing to a child, but you don’t know where to start and how to carry out the procedure as quickly as possible, then contact the specialists of our website in any way convenient for you. They will be able to provide you with legal advice free of charge.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

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Is it possible to allocate a share to a child in another apartment?

First, let's figure out what a share in an apartment or house is. According to the definition, a share is part of the right to own a residential premises on an equal basis with other owners and co-owners.

At the same time, until the share is allocated, it cannot be monetized in any separate room, room, or part of the room, it is just a virtual part of the total.

No problems arise as long as the family lives in an apartment where each family member has his own part.

But when subsequent children are born, the question of expanding housing often arises, and the problem can be solved in several ways, for example, selling the initial small apartment and buying a new, more spacious one.

But, before selling the residential premises, parents are obliged to transfer the children’s shares to another residential premises, otherwise the public corporation will simply not give consent to the sale of the property in which the minor child has a share.

This is due to the mandatory preservation of the housing rights of minor children.

One of the options for transferring the children's share may be to secure the minor's share in another residential area, for example, in the apartment of a grandmother or aunt.

One of the conditions for the transfer is to maintain the size of the child’s share of the property, that is, the child’s share in the new apartment as a percentage cannot be less than in the old one.

In order to allocate a child's share in another residential premises, you must:

1. Obtain permission from the guardianship and trusteeship authorities.
2. Have in hand a conclusion on the possibility of allocating a part in another residential area.
3. Issue a notarized permit for the alienation of the children's share and the subsequent sale of the property.

For example, the Sobolevs and their two minor children lived in a small two-room apartment, registered as common shared ownership. Each family member owned 1/4 of the living space. The cost of the apartment was 1.8 million rubles.

When the children grew up a little, the parents decided to improve their living conditions and buy a three-room apartment, taking out a mortgage loan, while they intended to sell the old apartment in order to have funds for the down payment.

The children's grandmother lived separately in the same two-room apartment. She allocated 1/3 of the property in the apartment to her grandchildren, so their living conditions not only did not worsen, but even improved somewhat.

Is it possible to allocate a share to children in a house under construction?

If parents did not previously bother allocating children's shares, or children were born after the purchase or privatization of residential premises, this can be corrected during the construction of a new house or apartment.

To do this, it will be enough to draw up an agreement in which they assign the rights and obligations of the shareholder to the minor. The agreement will need to indicate all the children to whom their part of the property is transferred, then, after fixing changes in the child care agreement, transfer the document to Rosreestr for registration of new owners.

When transferring ownership of a residential property under construction, it will be necessary to take into account several nuances:

1. In the case of construction of a real estate property under a shared participation agreement, ownership of the apartment can be registered only after complete completion of construction. Before this, minors, as well as parents, will be shareholders, that is, applicants for living space in the house.
2. The second point follows from the first point: until the residential premises are put into operation, the allocation of children's shares is impossible. But, according to PP No. 862 dated December 12, 2007, parents must draw up an obligation to allocate children's shares, where the condition of execution will be the commissioning of a residential building.
3. If the parents transfer their shares to a minor, the latter will become the sole owner of the residential premises. In this case, in order to exercise the children’s right to live with their father and/or mother, in accordance with paragraph 2 of Art. 20 of the Civil Code of the Russian Federation, one or both parents are registered in an apartment owned by their son or daughter.

For example, the Nikandrov family (mother, father and young son) entered into shared construction. They transferred their parts of the property to their son, and after the house was put into operation, they registered it as the property of the minor.

Three years later, their second baby was born. In order not to infringe on the second child’s rights to housing, they, as the legal representatives of the eldest son, re-registered the ownership of the residential premises from one, eldest son, to two children in equal shares, 1/2 part for each.

Is it necessary to allocate a share to a child when buying an apartment?

When purchasing a new apartment, the issue of allocating children's shares remains at the discretion of the parents. Some people register ownership of residential premises for one family member, while others allocate part of the property to everyone: parents and all children. But there are some situations when allocating a child’s share in the purchase is mandatory:

1. According to Federal Law No. 256 of December 29, 2006, when purchasing residential premises on a mortgage using MS funds , after the encumbrance on housing is removed, parents are obliged to allocate shares to each of their children. But first, the parents pay off the mortgage loan, and only then allocate part of the living space to the minors.
2. When selling an old apartment in which children were co-owners , the allocation of an equal share in the new apartment is also mandatory. Before the purchase and sale transaction of the old apartment, parents must formalize an obligation to allocate children's shares in the new residential premises, otherwise the PLO will not allow the sale. If they somehow circumvent this ban and do not allocate children's shares in the new housing, the transaction may be declared invalid.
3. When privatizing municipal apartments, the allocation of children's shares is also mandatory.

For example, the Novoseltsev couple with two children lived in a municipal three-room apartment under a social tenancy agreement. They decided to privatize the apartment and started paperwork. In order not to collect unnecessary paperwork, they initially decided to privatize the living space only for the husband; the wife signed a waiver of privatization in favor of her husband.

But the municipality refused to privatize Novoseltsev, since in addition to him and his wife, two minors were registered in the residential premises, and Novoseltsev was obliged to allocate their parts to each of them. He had to re-collect all the documents and submit an application for privatization on behalf of three people - father and children.

Step-by-step instruction

So, when allocating shares, you need to perform several sequential actions:

1. Draw up an obligation to allocate a share of property to minors.
2. Submit a request : if MS is used when purchasing an apartment - to the Pension Fund of Russia;
3. if residential premises are being built or purchased at your own expense - in the OOP.

Required documents

To allocate children's shares, it is necessary to prepare the following package of documents:

1. Applications to Rosreestr from each family member. At the same time, children over 14 years old sign the document themselves, and for minors under this age, signatures are given by their legal guardians, in this case, parents.
2. Photocopies of passports of father and mother (or guardians).
3. Originals and photocopies of birth certificates of all minor children.
4. Title documents for residential premises. This could be: a purchase and sale agreement, a loan agreement, or any other document indicating the right to own residential premises.
5. Extract from the Unified State Register of Real Estate (extended). This document will indicate that the apartment is not under mortgage, under arrest, or any other encumbrance.
6. Technical passport for residential premises.
7. Receipt for payment of state duty.

Cost, expenses

When registering children's shares, the family will have to incur some material costs:

• Notary services will cost from 1 to 3 thousand rubles, depending on the region;
• the amount of the state duty for registering a document with a notary will be 0.5% of the value of the property, while the state duty must be no less than 300 and no more than 20,000 rubles;
• for registration of property rights, you will need to pay 350 rubles (in case of changes to the DDU), registration of property rights for minors is free, adults will have to pay 2,000 rubles.

If you are faced with the need to allocate children's shares and cannot figure out where to start, you can contact the duty lawyer of our site. You can contact an employee at the numbers listed below, or by writing a message in the online chat.

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Mechanism for distributing shares in housing owned by several citizens

Allocating a share in an apartment, where to start, is divided into at least two options, depending on the agreement or disagreement of all participants in the transaction. There is such a thing as allocating a share in kind. It involves determining the ownership of a specific part of the apartment (for example, one of the rooms) to one of the owners. The process of allocating a share in kind usually occurs through legal proceedings, but the plaintiff’s demands are not always satisfied. This is due to the disproportion of citizens’ shares in specific housing. One of the participants may have a small share of property, which indicates the impossibility of separating the property. In such cases, the court offers to compensate the plaintiff for this share in cash. If the allocation of a share in kind in a private house is not feasible in any other way, then the court may oblige the defendant to pay compensation to the plaintiff.

Similar article: complaint to the housing inspectorate.

Is it necessary to allocate shares to children?

Registration of children at their place of residence is a mandatory procedure for minors living in the Russian Federation. Completing the procedure does not give the child the opportunity to become a full owner of residential real estate.

Based on this, at the time of privatization of the apartment, many parents decide to register a share in the name of a minor. If the property was purchased and privatized, the share can be registered only by drawing up a gift agreement (or a claim for recognition of ownership rights, similar to the one that is drawn up during unfinished construction and described in the article at the link).

Minor citizens under 14 years of age are considered minors and therefore all issues related to real estate are decided by their parents. From 14 to 18 years of age, a child receives an identity card and has the right to dispose of his movable and immovable property. He can make transactions after the written consent of his parents.

If the apartment was purchased using maternity capital funds, the child has the right to claim a share in the purchased apartment. A deed of gift for a child is drawn up in writing and must be notarized.

When registering a share in an apartment for a child, the consent of all homeowners is not required. The donation agreement is drawn up in Rosreestr.

How to distribute shares if the owners have given consent

The allocation of shares from common joint property occurs with the consent of all citizens who have shares in a pre-trial manner, that is, by preparing documents with a notary:

• the parties to the transaction draw up an agreement that provides convenient conditions for everyone, indicating in it the most important aspects of the allocation of several shares;
• collect documents confirming the legality of the transaction, facts of relationship between people, indicate their intentions through consent to the procedure;
• hand over the package of documents and the drawn up agreement to a notary who has the authority to check the legality of transactions;
• if no questions or problems arose during the notary’s check, or they were eliminated, then the agreement is subject to certification;
• at the next stage, the owners need to contact the registration chamber to secure the ownership rights of each citizen to their share;
• As a result, the participants in the transaction are issued an extract from the unified register of rights, which indicates the size of their share, total area, and address of the residential premises.

Similar article: what determines the cadastral value of an apartment.

How to apply?

When using maternity capital, the process of allocating shares in an apartment to children as property is formalized in two ways:

• An agreement is drawn up on the allocation of shares in connection with the use of maternity capital;
• Biological parents or guardians of minors draw up a gift agreement.

To draw up an agreement for the allocation of shares, you must:

1. Contact a notary or draw up the document yourself.
2. When drawing up an agreement with a notary, you need to pay about 2,000 rubles for his services.
3. Collect additional documents and submit them to the registration chamber.

To draw up a share donation agreement, you must:

1. Find a sample contract and draw it up yourself, or contact a law firm.
2. Determine the size of shares in the apartment.
3. Draw up a gift agreement in accordance with the law, dividing the shares of the apartment between the children.

Before choosing how to allocate shares yourself, consult with the registration authority in your region.

If housing was purchased using a maternity capital certificate, then citizens choose the standard donation procedure. The deal is very clear, and its terms are clearly stated in the legislation. No questions will arise during the process of completing such a transaction.

When drawing up a transaction, you must contact the Pension Fund:

Step 1. Provide documents indicating that maternity capital was used during the purchase of residential real estate.

Step 2. PF employees are required to transfer information to the registration chamber.

Going through the above steps is necessary so that parents cannot make any transaction with residential real estate after paying off the mortgage without first allocating shares to their children.

After paying off the mortgage

After repaying the mortgage with maternity capital, you will be provided with a mortgage. Along with this official paper, collect additional documents:

• Original and photocopy of the loan agreement;
• Contract for the purchase and sale of real estate;
• Certificate of state registration of property.

After collecting the package of papers, contact the Registration Chamber. Employees of the government agency will check the documents and remove the restriction on residential real estate.

As confirmation, you will receive a new Certificate of Registration for an apartment or other real estate.

Registration of deed of gift is a free procedure. Within six months after registration, applicants must allocate shares in the apartment to minors.

When using maternity capital to build a house

If maternity capital is used for housing construction or reconstruction, it is necessary to draw up a mandatory document, on the basis of which shares will be allocated to the children in the future. Only after this procedure will you be able to register your property. During the construction period, shares cannot be allocated to children. This is due to several reasons:

• During construction, the object is considered unfinished. He does not exist either physically or legally;
• During reconstruction, the facility will have different technical characteristics of the premises. Shares can be allocated to children after completion of the construction stage.

The right is granted:

• The person who received the building permit. That is, the owner of the maternity capital certificate (spouse);
• The owner of a residential building who has provided his residential property for reconstruction.

Within six months after completion of construction or reconstruction, parents must allocate shares to their minor children in the common property. A country house can be registered in the name of one of the spouses, but it is jointly acquired property during marriage. To allocate shares to children, you must initially:

• Assign the shares of the spouses using a notarial form approved at the beginning of 2020;
• Distribute shares using a gift deed or agreement.

Despite the fact that maternity capital is provided only for the construction of a country house or for the purchase of an apartment, in addition to allocating a share of residential real estate, it will be necessary to transfer part of the land plot into the ownership of the children.

By agreement of the parties

Allocation of a share is the transfer of part of residential real estate to a minor in accordance with the amounts provided for by law. Sometimes ownership is distributed based on mutual agreement of the parties.

If the owners cannot agree on the division of real estate, then in this case they can turn to the judicial authorities. Only spouses can divide property, and children must be allocated a mandatory share.

The process of division of property means the termination of ownership, and the separation occurs without its termination.

To correctly draw up a written agreement on allocating a share of an apartment to a child, you will need to fill it out with the following information:

• Document's name;
• Place and time of compilation;
• Last name, first name and patronymic, as well as birth information and passport details of the parties;
• The location of the apartment, as well as the total area of ​​the living space;
• Data on title documents for the apartment;
• Information about the registration entry in the Unified State Register;
• Cadastral number of the living space;
• Information about the restrictions that have been imposed on the area in question;

The agreement is signed by each party separately.

You can download a sample share agreement on allocating a share of an apartment to minor children here .

Documents are drawn up in several copies. Their number depends on the number of parties to the agreement. One of the copies is sent to the registration authority.

For example , if shares are allocated to several children, then the gift deed or agreement is drawn up in several copies. All participants must sign copies of the document. If the child is a minor, the text of the agreement indicates information that one of the parents is his legal representative.

Important! Until the child reaches the age of majority, he does not have the right to sign documents, and all agreements and forms are signed on his behalf by representatives.

A contract or agreement is a document that must contain the essential terms of the donation of real estate. In some situations, without them it is incomplete and therefore does not come into force. In a particular case, the essential conditions are:

• condition of gratuitous transfer;
• subject of the agreement (house or apartment in which shares are allocated).

Please note that since the beginning of 2020, a notary has been involved in the preparation of such documents.

According to the gift agreement

The main point is that the gift agreement is never signed in advance. Validation takes place only at the registration authority. The gift agreement, as a rule, is drawn up only in writing. Verbal or electronic versions are not considered legal.

The document on the allocation of shares in housing for a child indicates:

• The size of the share that goes to the child;
• Donor's passport details and information about the child;
• Details of the apartment whose share is being donated. Additionally, the area and floor number are indicated;
• Additional terms and conditions, if any.

Download a sample gift agreement for a minor here.

An essential condition when drawing up a gift agreement is to indicate the object of the transaction. In other words this is:

• things;
• requirements;
• property rights in relation to third parties or the donor.

This also includes the release by the donor or other person from property obligations. All terms of the gift agreement must be indicated and described in detail in the document itself.

Required documents

If a family has chosen a profitable and suitable option for allocating a share in a house or apartment, they should prepare the necessary package of documents.

List of documents for the procedure for allocating a share in housing to a child:

• A statement on the basis of which the property registration process is initiated. The document is submitted to the registration authorities, and copies are attached to it. The number of copies depends on the number of participants in the transaction. Such a document is drawn up together with the registration service employee;
• A document that confirms the allocation of a share of the apartment for the child. It should be signed under the close attention of an employee of the registration authority;
• Originals and photocopies of ID cards from parents;
• Original and copy of marriage certificate;
• Original and copy of birth certificate. The number of originals and copies depends on the number of children;
• Copies and originals of documents that confirm the possibility of owning residential real estate;
• Contract for the purchase and sale of residential real estate;
• A receipt confirming payment of the state fee. This amount is divided between the parties to the transaction. The cost of state duty is 200 rubles.

It is worth noting that documents are submitted to the Registration Chamber using several methods:

• through personal appeal;
• using a multifunctional center.

The time to make a decision is 10 calendar days from the date of application. After completing the process, the registration authority will provide a certificate of state registration. A similar document must be received by each participant in the initiated transaction.

How to distribute shares if the owners have not given consent

This situation is considered more complicated, since the interested person will have to file a statement of claim, which will be considered by a judicial authority. If there are certain difficulties in collecting documents and drawing up a claim, then many people prefer to use the services of competent lawyers. Such a specialist can easily provide advice on the mechanism for allocating a share in court, help draw up a claim, and, if necessary, act as a defense attorney in court. In this case, you must perform the following steps:

• draw up a statement of claim indicating the grounds for allocating the share, all details and circumstances;
• collect documents confirming the legality of the allocation of a share, facts of kinship between people or severance of family ties, if necessary - decisions, rulings of the judicial authorities;
• send the claim and accompanying documents to the court;
• after the court date is set, appear on the summons, argue your position, insist on your demands;
• wait for the court's decision, if the requirements are satisfied, the next step will be to prepare documents showing ownership, but only after it comes into force.

The process of allocating a share is individual and can be carried out using different mechanisms, the use of which depends on the personal circumstances of citizens.

Similar article: evicting a non-owner from an apartment without consent.

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Paperwork

At the stage of collecting documentation, problems may arise with obtaining consent to the transaction from the second parent. This may be due to the fact that the location of the second parent cannot be determined, there is his fundamental disagreement with the execution of the sale agreement, his death and other reasons preventing the sale of the minor’s share.

1. In the event of the death of one of the parents, the other provides paper indicating this.
2. If the place of stay of the second parent is a foreign country, then the consent is certified at the consulate;
3. In case of deprivation of parental rights, recognition as deceased or missing, a court decision is attached.

Written consent from legal representatives and guardianship is a mandatory document for the sale of a share of property.

The list of documents required to be submitted to the guardianship authorities should be checked with the municipality of your place of residence, because it varies in different regions.

Basic documentation includes:

• identification document of legal representatives;
• paper indicating the conclusion of a marriage or its breakup;
• birth certificate and passport of the child upon reaching 14 years of age;
• documentation for the part being sold and the property being purchased;
• an extract about the ownership of real estate by a minor;
• preliminary or main agreement for the purchase of property;
• notarized sales license;
• permission documents from parents, guardians or trustees for the transaction;
• extended type certificate for those registered and those who left for another place of residence;
• information about the personal accounts of the seller and buyer;
• written confirmation of payment of the fee to the state.

To obtain permits, you must write an application to the guardianship authorities and attach the listed papers.

It is important to note that the child’s father and mother need to visit the institution, even if they are divorced.

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If one of the parents is not able to visit the department, then he must provide written consent to the transaction.

It is allowed to provide a document confirming the deprivation of parental rights or the disappearance of a citizen. At the same stage, you should write a statement to the guardianship authorities.

Documentation requirements may vary depending on your region of residence. Therefore, it is recommended to contact the municipal office for environmental protection and documentation and find out the exact package of documents.

As a rule, you need to provide the following documents for permission:

1. parents' passports;
2. child's birth certificate, a copy and an original are required;
3. certificate of marriage or divorce;
4. statement;
5. documents for the purchase of real estate in order to prove that the child will receive a share in the apartment;
6. availability of a notarial license to conduct sales;
7. personal account statement;
8. permission from a notary to sell housing;
9. providing an extract from the house register;
10. contract for the purchase of real estate;
11. receipt of payment of state duty.

Sample contract for the sale and purchase of an apartment.

You can obtain permission to sell an apartment with a minor’s share from a notary. In order to obtain an extract from the house register, you should contact the passport office.

To do this you need to provide the following documents:

• passport;
• birth certificate of a minor or passport for those over 14 years old;
• a certificate of ownership stating that the child is also the owner of the property.

When submitting documents to obtain permission from the guardianship council, both parents of the children or their guardians must be present. If one of them is unable to be present in person, for example, when the spouses are divorced, or the second parent is against the sale of the share of a minor child, the decision will be made through the court.

You can avoid litigation if the second parent submits a written consent to the sale of real estate with the children’s share, certified by a notary. If the second spouse has died, you must provide a death certificate.

Guardianship authorities also evaluate the conditions in which the children currently live to decide whether the new housing will be better or no worse than the current one, and whether such an exchange can be made. Not only conditions are taken into account, but also the area of ​​housing, which should not be smaller.

The intention to sell the apartment must be notified in writing. To do this, you need to fill out an application in the presence of the guardianship authorities and have it certified by the inspector. The responsible employee must hold an explanatory conversation with parents about how children’s rights should not be violated and what the consequences are.

To complete a transaction for the alienation of housing, it is necessary to conclude an agreement. To do this, the seller submits the following documents:

• passports of all owners;
• children's birth certificates;
• social security permit;
• marriage/divorce certificate;
• notarized consent of the second spouse for the sale;
• extract from the Unified State Register;
• cadastral and technical passport;
• confirmation of the legal capacity of the parties to the transaction;
• certificate of absence of debts for housing and communal services and registered citizens.

The DCP itself contains standard clauses and conditions:

• information about the seller and buyer;
• information about the apartment;
• agreement price;
• terms and procedure of payment;
• force majeure;
• responsibility of the parties.

Instead of the minor owner, his parents sign the contract. The preamble states that the seller is a legal representative acting in the interests of a minor citizen.

After signing and notarization, the agreement is sent to Rosreestr for state registration of the transfer of ownership.

Features of allocating a share in an apartment

The division of property has always been one of the complex and socially significant, since after allocating a specific share from the common property, a person forms a separate property object for which he pays tax, receives housing and communal services and other communication amenities, although he lives together with other owners .

If each owner of a residential property has the opportunity to dispose of his share at his personal discretion, then it is fair to believe that he can put forward a claim in court to allocate this part of the apartment or house to him as a separate piece of real estate.

Then, during a sale or any other transaction, he will have a strictly defined territory for him, for example, a room, other general premises within the property.

When one of the shared owners decides to allocate a room in kind, when applying to a judicial authority, it is necessary to take into account the following features:

• If at least one of the legal owners decides to send an application to the court in order to allocate one room and several other premises (if desired) from the entire apartment, it is worth understanding that after a positive decision, the housing loses the status of shared ownership. From now on, there are users of individual rooms;
• the possibility of allocation is considered only if it is technically possible to transfer to the applicant not only a separate room, but also other utility rooms and organize a separate entrance;
• in the absence of such a possibility, an option for using such living space may be determined in the courtroom;
• a separate entrance will be equipped, other premises will be transferred to personal ownership, only the plaintiff decides, based on his capabilities, desires and preferences;
• the room becomes an independent property object.

Taking these features into account, citizens have the opportunity to fully weigh their decisions regarding manipulations with their own housing.

How to sell an apartment with a minor child’s share within the law?

The conclusion of a purchase and sale agreement (SPA) for housing is regulated by:

• Constitution of the Russian Federation;
• Civil Code;
• Family Code;
• Housing Code;
• Federal Law No. 1541-1 of July 4, 1991;
• Federal Law No. 122-FZ of July 21, 1997

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If a minor owner is involved in the transaction, then their interests are protected by legal representatives, as well as guardianship and trusteeship authorities (TCA).

Therefore, when concluding an agreement where the seller is a child, it is additionally necessary to take into account the norms of Federal Law dated April 24, 2008 N 48-FZ.

Federal Law No. 48 states that in order to alienate property in which a share belongs to a minor, parents or guardians must obtain approval from the guardianship authorities to conclude the transaction.

To sell a share owned by a child, permitting documentation will be required. It should be taken into account that the minor owner must be provided with equivalent property. In case of violation of the specified rules, the transaction in court, upon the claim of the interested parties, is declared invalid. Restitution shall apply to the parties.

The sale of a minor's share has 3 options:

• Sale of a minor’s share in an apartment with the provision of new housing of identical or larger area. For example, registering part of a grandmother’s apartment as the child’s property.
• Conducting two transactions simultaneously: the sale and purchase of housing. This means that on the same day a transaction is concluded for the alienation of a share and the purchase of a new apartment or house with the registration of the ownership rights of a minor.
• If a minor has a living space for living, and additional property is sold, then the purchase of equivalent housing is not a mandatory procedure. In this case, the proceeds from the sale go to the child’s open bank account. Upon reaching 18 years of age, he will be able to use them.

Minors can not only manage (determine the fate of a thing), but also use the property (live in the provided apartment). A distinctive feature is that in the second case, a person under 18 years of age is not a party to the contractual relationship.

In this case, permitting documentation for the transaction is not required. It is necessary to provide information about where the minor is being discharged. This is due to the trick that parents use to acquire and further unhindered disposal of real estate.

For example, the privatization of social housing. During the period of privatization, parents discharge their children from the apartment they are using (to close relatives). Registration of housing ownership.

The guardianship authorities have the right to appeal such an agreement, although the property sold did not belong to the child.

It is worth noting that regulatory authorities do not always issue permits for the purchase of new housing of equal value (reduction in square meters of living space).

For example, a mother and child each own ½ of an apartment. If a replacement room is purchased with an area equal to the child’s share, guardianship may refuse. This is justified by the fact that the child cannot live alone in the new housing.

Therefore, if a similar exchange comes, the guardianship should be notified about this in advance so that the transaction is not invalidated in the future.

According to the norm of the Civil Code, transactions with real estate that belongs to a child, including shares in real estate, are carried out by their legal representatives - parents or guardians (Article 28). And according to Article 37 of the Civil Code, all such transactions are carried out only with the written permission of the guardianship authority (except for donation). In this case, reduction of the child’s property is not allowed.

Thus, the state, represented by the guardianship council, insures children’s property not only against fraudulent actions, but also against its loss or deterioration.

For greater reliability, from January 1, 2020, all transactions with children’s property go through a notary, as amendments have been made to Law No. 122 on state registration of rights to real estate. That is, before starting the sale procedure, you must not only obtain permission from the guardianship to sell an apartment or a share in it owned by a minor, but also have the purchase and sale transaction certified by a notary.

With these legal acts, the state prohibited the sale of children's apartments or shares in them without the permission of guardianship. After all, a notary will not certify a purchase and sale agreement without permission from the guardianship, and Rosreestr will not register a transaction without a notarization.

Important: all minor citizens of Russia are recognized as not fully capable, that is, their real estate can be sold only with the permission of the guardianship council. But there is such a thing as emancipation. This is the case when a child who has reached the age of 16 has the right to dispose of his own property, including real estate, without anyone’s permission.

How is emancipation recognized?

• by decision of the guardianship council with the permission of both parents;
• by court decision, if guardianship or parents do not agree.

The main condition for emancipation is self-sufficiency. That is, a child can support himself independently, without outside help, for example:

• he is employed under a contract;
• is engaged in entrepreneurship;
• is married.

The difference between allocating a share and dividing a shared apartment

Many citizens, lacking legal knowledge, do not distinguish between the concepts of allocation and division of property, although they have different legal consequences, features and nuances. It's no secret that an apartment can be purchased as joint property or shared property with different owners. When implementing manipulations with real estate, it is necessary to understand the difference between the allocation of a share and the division:

• When separating, the right to own common property does not cease; each person will simply have their own separate area, be responsible for it, and make payments. In case of division, this status is lost;
• during division, the exact number of square meters allocated for each tenant is not determined; during allotment, on the contrary, in the certificate issued by the registration chamber, the specific area belonging to the person is indicated;
• the formation of shares during division occurs based on an analysis of the number of owners and the area of ​​​​the premises; during the allocation, all aspects are regulated by the consent of the citizens participating in the procedure or with the help of a court decision.

To ensure full awareness of these procedures, a specialist with experience in legal activities, knowledge, skills and abilities of a professional can be involved in participation in judicial events.

Difficulties arising after allocating shares to children

Selling an apartment with allocated shares to children is complicated by the need to obtain permission from the guardianship authorities to complete the transaction. The PLO monitors the observance of the interests and rights of minors, and therefore does not allow the child to be evicted “to nowhere.”

In order to successfully sell shared ownership, parents need to find in advance a new place to live that is not inferior in characteristics to the previous apartment.

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Documentation support when allocating a share in a judicial body

In order to send your demands for the allocation of certain square meters from the total quantity for the personal use of one of the owners, you must correctly draw up a statement of claim and attach the relevant documents to it for consideration in court.

The statement of claim must reflect the following aspects:

• in the upper right corner the name of the court is recorded, as well as information about the plaintiff (his last name, first name, patronymic, registration address and actual place of residence);
• in the center of the line they write the name of the document - a statement of claim for the allocation of a share in kind;
• in the descriptive part it is necessary to reflect all significant circumstances, reasons for the intention to carry out this process, references to the regulatory framework, as well as a request for the formation of a separate area in relation to the applicant;
• indicate which documents are attached to the claim (certificates reflecting the technical characteristics of the object, information on the valuation of property provided by the appraisal company, calculation of compensation when deciding to exercise the right to financial security instead of allocating a share, a check confirming payment of the state duty);
• dated and signed by the applicant.

If the court decision is positive, the citizen should contact the registration chamber to obtain a new status for the premises.

Requirement for allocation of shares

If housing is purchased with the family’s personal savings and capital, then the procedure for allocating shares is simplified: it is enough to indicate in the DDU or purchase-sale agreement that the mother, father and children receive rights to the apartment in the established shares. If shares are allocated after the purchase of housing, an additional agreement is drawn up.

When a residential property is issued with a mortgage loan using funds from maternal capital, the situation becomes more complicated. Lenders put forward requirements for registration of an apartment exclusively for the borrower, without children. And the Pension Fund will not transfer maternity capital funds to the bank if the shares are not allocated to the children and spouse. In this case, the borrower, along with an application for the use of maternal capital, sends to the Pension Fund a written obligation to provide the spouse and children with shares after paying off the mortgage. The obligation is certified by a notary. After this, the Pension Fund transfers funds to the bank to pay off the mortgage, and the bank receives housing as collateral, registered exclusively in the name of the borrower.

Buying an apartment with the allocation of shares to children is complicated by the reluctance of banks to take this step, since in the future, if clients encounter financial difficulties, the lender risks encountering problems when selling the apartment to repay the unpaid loan.

In order to increase the chances of mortgage approval, you can offer the bank collateral (for example, a car or other housing), or transfer other property to the children. You can also use the services of those banks that work according to AHML standards and are more loyal to processing such transactions.

The same procedure must be followed if the spouses plan to pay share contributions to the housing cooperative using materiel capital. Until contributions are paid, there is no right of ownership and shares cannot be allocated. And if there are no shares, maternity capital will not be issued. In this situation, the spouse provides the Pension Fund with an obligation to allocate shares within a 6-month period from the moment of payment of the share and registration of ownership of the apartment.

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