Is it possible to transfer an apartment to a minor child?

Is it possible to register real estate for a minor child?

Is it possible to register a house for a minor child in Russia? Is it possible to register a dacha for a minor child? The laws clearly state that any person has the right to own property regardless of age.

Based on this, we can come to the conclusion that children enjoy the right of private ownership of real estate on an equal basis with their parents.

But there is a certain procedure for concluding special transactions under which ownership of such property is transferred. Transactions are drawn up in writing (purchase and sale, donation), and are signed by the parties who have full or special legal capacity.

Every citizen, including minors, has the right to own real estate

But after signing the deal, the agreement itself must undergo special registration with government agencies (Rosreestr). And only after this the child will become the full owner of the home.

In our case, parents, guardians and adoptive parents of children have full legal capacity, and special children aged 14 to 18 years.

And if he is older, then with the consent of the mother and father (guardians, adoptive parents), such a child independently puts his signature on all contracts, and signs documents for registration of real estate. It follows from this that if the child is under 14 years old, then the right to sign for agreement (purchase and sale, gift), according to which he will become the owner of the property, belongs to the parents (guardians, adoptive parents).

Thus, to the question: is it possible to register real estate for a child, we can confidently answer that any child can take ownership of real estate, without any legal restrictions, and have full rights to use it at their own discretion.

It is important to know that the rights of the child are monitored by the guardianship and trusteeship authorities.

Therefore, if real estate is acquired by a child as a result of the sale of an old apartment or house where the latter was registered, then such a transaction requires the mandatory consent of the guardianship authority.

Registration of a share of an apartment for a child before divorce

A gift agreement is the least burdensome way to transfer property rights to another person, including a child. The advantage is that when donating a share, no taxable income arises, that is, you will not need to pay 13% of the value of the share, since the donor and recipient are close relatives. Such an agreement does not even need to be certified by a notary, but drawn up in simple written form, but it must be registered with the Rosreestr authorities.

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Declaration of real estate property

Unless otherwise stated in the marriage contract, the husband and wife own the apartment in equal shares. After a divorce, one of the parents (for example, the father) moves to another place, while the mother and child remain in the apartment. In anticipation of a divorce, he can transfer his share to the child in several ways.

personal documents of registration participants.
documents for the property (privatization certificate, purchase agreement, will, etc.);
deed of gift or will;
documents from the BTI, cadastral passport;

the contract can be terminated at the initiative of the donor at any time before his death;
real estate acquired under a gift agreement will not be considered joint property and will not be subject to division in the event of a child’s divorce.

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During the marriage, 2 apartments were bought and both were registered in the husband’s name, he re-registered one of the apartments in his mother’s name, will this apartment be divided during a divorce? how an apartment is divided during a divorce Collapse Victoria Dymova Support employee Pravoved.ru Try looking here:

This can be either one document or two: an agreement on the determination of shares and a separate gift agreement. The deed of gift must include the following information about the subject of the agreement:. If a loan for an apartment was taken out by a married couple, then both spouses are co-borrowers on the mortgage. Before transferring the apartment to your spouse, you need to obtain consent from the bank. And he can refuse this, citing the fact that his wife’s income is too small to repay the debt.

What does it mean to register a house for children?

Is it possible to register a house for a child? All real estate in our country is subject to registration in the state. If ownership of a house or part of a house is transferred to another person, then this is also registered with the state. authorities - in Rosreestr.

Registration of ownership rights to a house is popularly called registration. Therefore, registering a house in the name of children means giving minor children ownership rights. A small, minor child, due to his age and life experience, cannot properly manage his property, therefore the law has provided for a number of nuances in relation to property registered in the name of children. These nuances protect minors from loss of property and do not allow unscrupulous parents or guardians to worsen the living conditions of children. That is why all transactions involving a child, including registration of a house in the name of a minor, are under special control.

Participation of a minor in real estate transactions

Until the age of 14, a person does not have the right to manage housing. Legal representatives - parents or guardians - act on his behalf. The guardianship authorities ensure that the interests of the minor are not harmed as a result of the transaction.

When a child turns 14, he must personally participate in transactions and sign documents. However, this is done only in the presence of legal representatives and with their written consent. The right to unlimited disposal of one’s property comes after the age of majority, when a person becomes fully capable. In some cases provided for by law, a citizen is recognized as legally competent before reaching this age and, accordingly, the right to sole participation in real estate transactions also occurs earlier.

The presence of a child under 14 years of age when submitting documents to register property rights is also optional. When submitting documents to the registration authorities, in addition to the standard package of documents and a passport or birth certificate of the child, you will need the identity cards of his legal representatives, their consent to the transaction, and in some cases, permission from the guardianship authorities.

In what cases is it beneficial to make a minor the owner?

When registering an apartment for their child, parents often pursue the following goals:

provide the offspring with their own housing in the future;
remove the apartment from the jointly acquired property;
exclude other family members from the heirs;
save on taxes;
avoid foreclosure on the apartment by creditors in the event of default on loans or refusal to fulfill obligations.

Parents who are puzzled by this problem should know that their child, along with adults, has the right to take part in resolving various legal issues, including being the owner of real estate. To achieve this, current legislation provides for several legal methods.

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Child's birth certificate
Document certifying ownership of the apartment
Certificate from the BTI about the assessment of the apartment
Cadastral passport from BTI
Certificate about the composition of the family living in the apartment
Extract from the house register
Certificate of personal financial account
Donor's application for transfer of apartment
Written permission from a relative who owns this apartment
Certificate of registration of transfer of an apartment into the ownership of a minor child

Legal basis

Whether a minor child can be the owner of an apartment depends on the parents and his other representatives, since this is not prohibited by law. On the territory of the Russian Federation, children have equal rights with adults. Despite this, they cannot automatically be considered the owners of real estate owned by their parents. Registration in an apartment or house gives only the right to reside

In what cases can a person who has not yet turned 18 be the owner of a residential property:

purchased and registered in his name;
donated;
after privatization;
received by inheritance.

When registering housing for a minor, you should take into account age differences:

minors - up to 14 years old (Article 28 of the Civil Code of the Russian Federation);
teenagers – those who are 14-18 years old (Article 26 of the Civil Code of the Russian Federation).

Each category has different rights. The former are considered incompetent (incapable of realizing their interests and making independent decisions), so they do not participate in the transaction. Authorized representatives act on their behalf.

Those who have turned fourteen have the right to participate in the procedure for purchasing an apartment - to sign the contract. The restrictions are that written approval for such actions must be obtained from adult representatives.

How can real estate be transferred to a child?

There are several ways to transfer real estate to a child; you will need to choose the one that is most convenient for you.

Having figured out that registering real estate for a child is not difficult, now you need to move on to how this can be done.

In our legal field, there are many ways to acquire such property.

But in this situation, it is best to opt for methods that do not entail certain legal consequences.

To purchase square meters for your baby, it is better to use the following methods:

Through privatization. This action means the purchase from the state or municipality of housing that belongs to them by right of ownership.
Through a deed of gift, when real estate is donated to one’s relatives.
Through inheritance, that is, parents or other relatives write a special will stating that after their death, the children become their heirs and take ownership of the home.
By buying and selling. This is the most common deal.
Each method has its advantages in specific situations, so this needs to be considered in more detail.

It is important to know that in the above cases, the child is given a real estate document, which, after its registration, confirms the child’s ownership of the residential premises.

Necessary conditions for registration

The procedure for registering the transfer of ownership requires the consent of the child’s legal representatives (parents, guardians). Permission from the guardianship and guardianship authorities is not necessary in a situation where property is acquired and is necessary if the property is taken away. Formally, the registration procedure has no other features.

Registration procedure

The order of registration will depend on the chosen method. A gift agreement is the simplest option. Sequencing:

you need to obtain consent to the transaction from parents or guardians;
draw up a deed of gift or purchase and sale agreement (indicating a representative);
certify the donation or sale agreement at a notary office;
submit a package of documents for registration to Rosreestr.

Good to know! The notary has the opportunity to independently submit papers to Rosreestr. Drawing up a transfer and acceptance certificate is not a mandatory condition of the transaction. If the donor/seller has signed the agreement, the minor's representative can complete the registration.

It will take one business day to draw up an agreement, prepare documents, and visit a notary (if all documents are in order). The registration procedure takes less than two weeks.

After submitting a package of documents to the local MFC (multifunctional center), you need to wait. Within 10 working days, a new certificate of ownership will be received, in which the minor child will be indicated as the owner of the apartment.

Required documents

Required documents:

application for registration of rights to real estate with signatures of the parties to the agreement;
certificate of ownership of the apartment/house;
a certificate from the Unified State Register of Real Estate Rights (registry of real estate rights) confirming the absence of encumbrances or restrictions on the apartment/house;
birth certificate;
technical passport from the BTI and cadastral passport from the local cadastral chamber (FGBU FKP Rosreestr);
identification documents of the child’s representative;
passport of a minor if he/she is over 16 years old;
agreement of gift or sale.

How to re-register an apartment in the name of parents (mother/father)?

To avoid troubles associated with the fear of property passing into unwanted hands, people are increasingly seeking to secure what they have acquired with their closest relatives (parents).

The most convenient way to transfer property to one of the parents is to draw up a deed of gift certified by a notary.

To complete this task you will need:

Statements from the parent in whose name the housing is being re-registered, stating that the ownership of a specific property has been registered.
Passports (a certain number of copies and a passport).
Technical and cadastral passport for real estate or apartment plan with details.
Certificate from the Housing and Maintenance Department (HOE) confirming the absence of debts for utility services.
From the housing department about the number of registered people in the apartment being re-registered and documents confirming their identity.

Upon state registration, the parent receives a certificate of ownership.

The donor does not pay tax or state duty on the apartment in connection with the transaction between first-degree relatives.

If the donor and the parent in whose name the property is registered have different surnames, confirmation of the degree of relationship will be required to implement the procedure.

From the moment of the donation, the mother/father acquires lifelong registration in the apartment.

Important!

People often “get rid” of real estate in order to get on the waiting list for municipal housing. This trick won't work here! Data on the availability of property is stored in the database for about ten years. You can apply for the queue after five years.

Ownership rights of a minor child to a house - grounds for their occurrence

The law does not prohibit registering houses and shares of houses in the name of minor children. The main thing is to register ownership of the house in the prescribed manner.

A child's right of ownership of a house may arise in the following cases:

when inheriting a house/share of a house by a minor child,
when completing a transaction (purchase and sale, exchange),
under a gift agreement,
in case of privatization.

Let's consider how to register a house for a minor child in the event of sale, inheritance, donation and privatization in more detail.

How to register a house for a child by inheritance

Inheritance of a house and other property by law and by will to minor children occurs in the general manner.

How is a child's house inherited?

According to the law (Article 1142 of the Civil Code of the Russian Federation), the heirs of the first priority are children (regardless of their age), spouse and parents. All these heirs inherit the property in equal shares. Thus, when inheriting by law, the minor's right of ownership to the share of the house arises. Minor children are represented by their parents or guardians. They are the ones who sign documents for their children under 14 years of age (and from 14 to 18 years of age, children sign themselves, but with the consent of their legal representatives).

If the testator wrote a will in which children do not appear as heirs (for example, all property under the will passes only to the spouse or parents), then the legal representatives of minor children can challenge such a will in accordance with Art. 1149 of the Civil Code of the Russian Federation, because a minor heir is entitled to at least half of the share that would belong to him in the event of inheritance by law.

Purchase and sale of a house registered in the name of a child

Any Russian citizen can buy a house in the name of a child; it does not have to be a son or daughter. Until the age of 14, all real estate transactions are signed instead of the child by his legal representative (mother, father, guardian), and from 14 to 18 - by the child himself, with the consent of the representative.

When buying and selling a house, it is important to take into account the nuance that if you are going to sell a house registered in the name of a child, then the sale must be agreed upon with the guardianship and trusteeship authorities. Even if you are selling a house where the child's share is very small, such consent is required. Therefore, before selling a house registered in the name of a child, check all the details with the guardianship and trusteeship authorities (at the child’s place of registration). The rights of the child should not be infringed.

However, what exactly constitutes an infringement of rights is not clear in the law. Here, a lot depends on the employees of the territorial guardianship and trusteeship authorities. Permission to sell is usually given if, in exchange, a living space with a greater or equal square footage, as well as at a greater or equal cost, is purchased.

Thus, if you are buying a house where the owner (even a share) will be a minor, you need to understand that the transaction is concluded only with the consent of the guardianship and trusteeship authorities and requires notarization. All rules applicable to a purchase and sale agreement also apply to an exchange agreement.

We conclude that registering a house in the name of a child is not difficult, but selling a house registered in the name of a child is much more difficult. For example, the guardianship authorities do not give permission if you are going to take out a mortgage on the new property, since this infringes on the rights of the child, even if the new house will be more spacious and more expensive than the one owned by the minor child.

Donating a house or share of a house to a minor child

Is it possible to register a house for a child using a deed of gift?

A gift agreement is the easiest way to renounce your real estate or its share in favor of a child. You can give a house or a share of a house not only to your son or daughter, but also to any other minor child. Everything is simple here; no consent from the guardianship and trusteeship authorities is required. The agreement must be drawn up in writing and registered.

Privatization of a house for a minor child

Privatization of housing began in 1991 (Law of the Russian Federation dated July 4, 1991 N 1541-1, as amended on December 20, 2017 “On Privatization” and is in effect to this day. Privatization is the transfer of state and municipal housing into private ownership.

It is possible to register a house for a minor child through privatization. When municipal housing becomes private property, then all citizens registered in a municipal house, including minor children, receive their share of the house. The rights of minors are under close attention from the state. If the child’s rights are somehow violated or he did not participate in privatization at all, then the child’s rights can be restored through the court.

Inheriting an apartment

Another way to transfer rights to real estate is through a will.
Apartment owners have the right to indicate in the inheritance agreement both adult subjects and children. There are two types of inheritance on the basis of which an apartment is registered in the name of a minor child:

legal right to a share of property;
inheritance by will.

If a child takes ownership by law, then the entire procedure is based on Article 1142 of the Civil Code of the Russian Federation. The right and distribution of property occurs according to the order of inheritance. The first who have the right to receive real estate are subjects of the first category, then according to the order (second, third, fourth categories). According to the law, the child has the right to receive half of the property due to him

Inheritance by will is also possible. In this case, the transfer of real estate is carried out based on the wishes of the deceased owner.

If the parent transferred the property to the child, then the registration procedure is carried out in a standard manner.
If the child was not specified in the will, then he has the right to receive 50% of his allotted share.

Example: After the death of a parent, a notary read out the father's will. The child was not listed. According to the law, he could receive ½ of the apartment, but since there is a will, the child will be able to sue only half of the legal share, or rather ¼ of the housing.

A child can refuse an inheritance only if the OPP gives consent. To obtain approval from the guardianship, it is necessary to provide significant evidence that confirms the protection of the interests of the child.

Is it possible to transfer an apartment to a child during a divorce?

It often happens that one of the former spouses refuses to pay their share of the mortgage. In this case, the contract is reissued to the solvent person. The second one is cleared of all litigation regarding payments, but he does not have the right to demand a share in the apartment.

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How to divide an apartment during a divorce if there are children

If a child does not have ownership rights to a share in the apartment, but is registered in it and has the right of permanent residence, then, as a general rule, permission from the guardianship authority to alienate the apartment is not required. However, if as a result of such a division the child remains homeless, this transaction may be challenged.

The procedure for transferring real estate by inheritance is regulated by Articles 1142 and 1149 of the Civil Code. The algorithm for registering property after receiving it by inheritance is similar to that stated above, however, instead of a gift agreement, the right to inheritance acts as the basis for the transfer. It is drawn up by a notary. You must bring a death certificate and a will or documents confirming a close relationship. After receiving a certificate of inheritance rights, you should contact the MFC to register the property. Parents also participate in the process along with the minor.

The right of property is the basic right of a citizen of the Russian Federation, which he receives from birth. Even a child can have rights to various property, including real estate. There are only two restrictions: on transactions with real estate and on the full disposal of it. A minor can enter into any agreements only with the consent of his parents, and he can fully dispose of property from the age of 18. But this does not mean that you cannot transfer an apartment or house to your child until he reaches adulthood. On the contrary, it is a convenient way to simplify the inheritance process. A person who has not reached the age of majority can obtain real estate in different ways: by purchase and sale, by inheritance, under a gift agreement or through privatization.

By inheritance: features

The gift agreement is the most profitable in economic terms. It does not require additional expenses; at the conclusion you will only have to spend money when ordering the services of a notary.

Marina, hello, since you purchased the house during marriage, there is a presumption of community and equality of the property of the spouses acquired during marriage - the legal regime of the property of the spouses is regulated by the provisions of Chapter 7 of the RF IC, however, according to the provisions of Art. 39 of the RF IC: the court has the right to deviate from the beginning of equality of shares of spouses in their common property based on the interests of minor children and (or) based on the noteworthy interests of one of the spouses, in particular, in cases where

Based on the information presented in this code, the method of transferring an apartment from a husband to his wife is largely determined, which is important to take into account. First of all, let us turn to the 3rd paragraph of Article 34 of the RF IC, which determines the status of property belonging to a particular family.

Registration process

The procedure for alienating living space to a minor depends on the type of transaction. The simplest option is donation. The sequence of actions will be as follows:

First of all, you should obtain consent from the legal representative to accept the object as a gift.
It is necessary to draw up a deed of gift from a notary in the name of the incapacitated person. In this case, it is necessary to indicate that the interests of the child are represented by the mother (father) or guardians.
Next, you will need to put signatures on the gift deed and have it certified by a notary.
After this, the documents are submitted for registration for the transfer of property in favor of the donee.

If real estate is alienated during privatization, then first all potential participants in the upcoming transaction must write an official refusal of the privatized housing. After submitting the required package of documents to the appropriate authority, they await a response. If the outcome is positive, a privatization agreement should be concluded in the name of the child. The final step will be to register ownership of the new owner.

Reference! When not all residents of the apartment write a refusal to participate in privatization, the child is allowed to allocate a share. This can only be done after the procedure is completed.

Registering a real estate property in the name of a child as a result of a purchase is no different from the usual procedure. There is no need to seek permission from the guardian. The contract should include the child as the copyright holder, whose rights are exercised by legal representatives.

It is now clear whether a child can become the owner of an apartment. It is not difficult to register living space for a minor, but it is worth taking into account in advance the various nuances of further ownership and disposal. Lawyers argue that it is advisable to do this as a last resort. And it is more rational to ensure the future of a child by drawing up a will.

The procedure for re-registration of an apartment to another owner

Let's consider the nuances of re-issuing a certificate of ownership of an apartment:

Buying real estate is considered one of the most reliable options. Often it is simply unrealistic to challenge the transaction procedure, which is based on mutual settlements. In this case, the buyer's rights are protected as much as possible. At the same time, the seller is deprived of the opportunity to refuse the purchase and sale transaction.
If the basis for re-registration of ownership of an apartment is a gift, then you need to understand that if the donor’s plans change, he has the right to insist on the return of the housing through the court. As for the recipient, he can dispose of it individually, since the re-registered piece of real estate is not considered as joint property and is not included in the property that is subject to division.
Rent makes it possible to transfer a property to another individual, and the conclusion of an agreement is not tied to family ties. The settlement of the transaction is made by paying equal payments for a specific period of time, determined by the clauses of the annuity agreement. Purchasers of residential premises under this agreement are faced with constant “claims” from the owner of the apartment, which may ultimately lead to the cancellation of the original agreement. The help of a notary makes it possible to ensure the interests of the parties to the transaction as much as possible.
Transferring a property by will or inheritance requires the presence of a list of documents of a standard type, as well as a certificate of death, receipt of inheritance and papers that demonstrate the presence of family ties.

The rights to the apartment remaining after the death of the owner may appear to one or more heirs, who can take advantage of the order of inheritance by will or law.

First of all, you need to contact a notary office in order to determine the inheritance mass. Next, at the request of the notary, you need to bring technical documentation. The procedure for transferring ownership rights when inheriting an apartment lasts 6 months. If issues arise with the allocation of shares, they are resolved through participation in court proceedings.

Important!

Re-issuing a certificate of ownership of an apartment without a notary is a constructive option when purchasing property in a new building. In other cases, the participation of a notary is required, who will be responsible for a full-fledged property transaction.

Power of attorney from a minor to purchase an apartment

According to the law, his legal representatives can act on behalf of a minor and they do not need a power of attorney for this. Moreover, in order to issue such a power of attorney, the minor must first obtain the consent of his representative. It turns out that the representative will give permission to issue a power of attorney to himself, which is absurd.

Instead of a power of attorney, it is enough to provide documents that confirm the fact that this adult is the legal representative of the child. In the case of parents, it is usually enough that the child will be recorded in their passports and they will have his birth certificate in their hands.

In theory, you can issue a power of attorney, just like in any other situation, but in fact it is not required or needed. This will be a waste of money. A power of attorney is needed only if one capable person transfers the right to another capable person to act on his behalf, which does not happen in the case of a minor, because the representative already has such a right by law.

Buying an apartment for a minor is associated with the same risks that exist with the usual purchase of housing: scammers, forged documents, challenging decisions, and so on. At a free consultation, experienced lawyers will point out the main, potentially controversial or dangerous aspects of a particular transaction. They can also accompany the purchase and sale procedure at all its stages, minimizing possible problems.

Difficulties in registering an apartment for a minor

Possible problems:

The housing is in shared ownership. The consent of all owners will be required.
If the apartment became the property of one of the spouses before marriage, then the consent of the second parent is not required to conclude the transaction. If it was acquired jointly, then a notarized consent from the second parent is required.
If a redevelopment has been made, then it needs to be legalized and only then the apartment must be re-registered. There is a possibility that the transaction will be declared invalid by BTI employees.

Transfer the Apartment to the Child During Divorce

The spouse, whose notarized consent to carry out the specified transaction was not received, has the right to demand that the transaction be declared invalid in court within a year from the day when he learned or should have learned about the completion of this transaction.

Is it possible to transfer a share in an apartment to a child during a divorce?

The wife does not make contact. Lawyers say that you can file for division of children, but in my situation I won’t win anything. My wife moved the children to a kindergarten where there is no psychologist or speech therapist, where the children are shown cartoons and there is no preparation for school, but they went to me if I transfer the apartment to the children after a divorce, the best kindergarten in the city.

Thus, managing partner Dmitry Chernokaltsev shared an instructive story. Spouses can simply lose their share of jointly acquired property by simply getting a “wrong” divorce. This, of course, seemed unfair to the husband. Registration completed successfully! Please follow the link from the email sent to.

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Pros and cons of a child becoming an owner

Decorating an apartment for a child has its pros and cons

Purchasing real estate for a child has the following advantages:

first, he becomes the owner of the property, and after reaching the age of majority he can dispose of it at his own discretion;
Until the child reaches the age of majority, the apartment or house can be rented out and the money received can be spent on the needs of the family or the child;
the property of a minor cannot be seized or otherwise seized for monetary or other obligations of the parents;
Guardianship and trusteeship authorities strictly monitor the rights of children. Therefore, various transactions with such property that have signs of fraud will be necessarily canceled by the court, and the children’s rights will be restored.

If we talk about minuses, then there is only one. It is almost impossible to sell the baby’s property, as the guardianship authorities will oppose it.

They will only give permission to improve the latter’s living conditions. It should also be said that after the age of 14, a minor can limit the actions of his parents in managing his property. There are no more cons.

Speaking about whether it is possible to register real estate for a child, it must be said that this procedure is the same for children and adults.

The law does not establish any restrictions, with the exception of the presence of parents in transactions where the minor is under 14 years old, that is, all agreements are signed by guardians.

Upon reaching 14 years of age, parents only give written consent, and the child signs.