Consent to purchase an apartment

Advocate's advice

How do relatives get evicted from an apartment by deception? Since 2005, when the new Housing Code came into force, evictions literally onto the street have become commonplace. At the same time, there are categories of citizens whose eviction the law does not allow. However, dishonest relatives find ways to discharge them. Lawyer and head of the legal center Oleg Sukhov told Real Estate Mail.Ru about what lifelong housing users should be wary of. The number of disputes between restaurateurs and guests of catering establishments is growing.

Sample purchase and sale agreement with a minor

How does this content violate Docs.com's Terms of Use? Threats, cyberbullying, abuse Harassment is any action intended to harass or upset a person or group of people. Threats include threats of suicide, violence, or harm in any way to others. Child exploitation or endangerment Any images, links or discussions related to child pornography or child exploitation. Any inappropriate, offensive or pornographic content. Malware, spyware, and viruses Any links to malware, viruses, phishing sites, or advertisements for them. Copyright Infringement Any activity that allegedly infringes intellectual property rights. Any other inappropriate behavior or content under the Terms of Use. Provide complete information about the violation or offensive activity.

This is interesting: Law on the local area of a private house

The site may provide general recommendations and opinions, possibly taking into account personal experience, since responsible lawyers do not give specific advice without having adequate detailed information. Work with nuances, with details, with specifics should be paid in a decent amount. Simply put, preparing a specific document that satisfies the wishes of the parties is work for which you need to pay.

Contract for the sale and purchase of residential premises with the participation of minors

Minors are special subjects of housing legal relations. Currently, one of the essential rights of minors is becoming increasingly important: the right to housing. Article 40 of the Constitution of the Russian Federation enshrines the right of every citizen to housing, and minors are no exception. According to Art. Art. 26, 28 of the Civil Code of the Russian Federation, minors are divided into minors.

Documentation. Sample purchase and sale agreement for an apartment 2012 Download (70.4 KB). Fill out a sample contract for the purchase and sale of residential premises (housing) for minor members left without parental care. On our website you can download samples of purchase and sale agreements for various real estate, which correspond to the latest updates. Sample document. Example of filling.

Notary's handbook

Protection of the rights of minor owners and tenants - a certificate of state registration of ownership of a land plot, a land lease agreement). minor daughter(son). If yes, then what are the nuances? Acting for oneself. Documents online. Please help me, I wanted to rent a room to a woman with a minor child, how to draw up a contract correctly, or point to a link to a sample Home > Questions & Answers > Other questions > Rental agreement for a room with a minor child.

A sample contract for the purchase and sale of an apartment 2020 must be concluded in 28 of the Civil Code of the Russian Federation. Only minors can make transactions on behalf of minors. A minor must receive a share in the property, and in order to sell an apartment in which there is a child owner, it is necessary. But before signing a purchase and sale agreement for an old apartment, it is necessary. Sample purchase and sale agreement for an apartment 2012 Download (70.4 KB).

Why do you need to register transactions with a notary?

Actions regarding real estate transactions today are controlled not only by parents, but also by the authorities. They are confident that certifying agreements with the help of a notary will help reduce the number of fraudulent activities, repeat sales, and violations of the rights of minors. The specialist, in turn, will have to check the legality of the transaction and explain to the parties their rights, as well as the consequences of certain actions.

Real estate purchase and sale agreement

Calculator for calculating penalties for major repairs according to the new rules dated July 4, 2020 from the Dogovor-Yurist.Ru team (Central Bank rates as of June 14, 2019) Your salary was delayed - you can receive interest Calculator of interest on salary arrears (Art.

236 of the Labor Code of the Russian Federation) from the team of Dogovor-Yurist.Ru (Central Bank rates dated June 14, 2019) Dogovor-Yurist.Ru Community of Russian lawyers codes and sample contracts Free legal consultations: Real estate purchase and sale agreement Documents About the section “Real estate purchase and sale agreement” The website Dogovor-Yurist.Ru provides the opportunity to find and download free forms or completed samples of contracts, statements, protocols, decisions and charters.

It is important for each party that the contract concluded on paper reflects all the conditions and preliminary oral agreements between the buyer and seller. Only in this case can each party be confident in the legality of the transaction.

If there are many conditions for the sale of a land plot, then it is necessary to draw up a preliminary agreement for the sale of land, which lists all the circumstances of the transaction.

This is interesting: Land tax in Crimea

Preliminary agreement for guardianship

A preliminary agreement for guardianship, or rather for the Department of Guardianship and Trusteeship, is included in the mandatory package of documents for a real estate purchase and sale transaction. Therefore, you can’t do without it.

Have you decided to sell an apartment or other real estate owned by a child?

Without an order from the Department of Guardianship and Trusteeship, Rosreestr will not register the transfer of ownership from the Seller to the Buyer.
In addition, your transaction must be certified by a notary, who will also ask you for an order authorizing the sale of real estate owned by a minor. A preliminary agreement for guardianship must also be submitted to a notary.

You can read what the full package of documents includes.

This is very important for the department for the protection of the rights of minors.

In addition, when selling residential premises owned by a minor, the following rules must be followed:

In a new apartment or house, a minor must be given no less square meters than in the previous residential premises. An exception may be the purchase of housing for a child as sole property, that is, an entire apartment or house. In this case, a slight reduction in area is allowed, but this is at the discretion of the guardianship authorities
the new apartment or house should not have less amenities than the previous one, and not be dilapidated or in disrepair

But let's return to the topic of the article.

Do not treat the preparation of the Preliminary Agreement formally, because in fact this document is needed in any transaction, and not just for the sale of children's real estate.

After all, the waiting period for permission from the guardianship and trusteeship authority sometimes takes more than 10 days, and the Seller may change his mind or increase the price.

In addition, to obtain permission to sell with a simultaneous purchase, it is necessary to provide the Guardianship with a preliminary agreement on the counter transaction, that is, on the purchase of an apartment (house) for a minor.

Advice from lawyers:

1. If the parents are divorced, is the father’s consent required to purchase the child’s share in the apartment?

1.1. Good afternoon, Yana! When completing a transaction to purchase a share in an apartment for a minor child, the presence (consent) of a legal representative is required. The law does not require the consent of all legal representatives. Therefore, when signing the contract, only the presence of the mother will be sufficient.

Did the answer help you?YesNo

Consultation on your issue

Calls from landlines and mobiles are free throughout Russia

2. Is the husband’s notarized consent required for his wife to purchase an apartment?

2.1. Good afternoon. If the spouses are in a legally registered marriage, then yes, it is definitely necessary.

Did the answer help you?YesNo

3. My husband gave his consent to purchase an apartment, can I register it in my mother’s name without authorization?

3.1. You need to read how you formalized your consent and what is written there.

Did the answer help you?YesNo

3.2. Good afternoon. To purchase an apartment for your mother, your spouse’s consent is not required.

Did the answer help you?YesNo

4. I bought a garden plot in my name with a non-residential garden house for 250,00 rubles, submitted the documents to the MFC, now I have come away from the hassle and thought - for some reason the MFC did not require my husband’s consent for the purchase. Did the MFC employees forget or is this a small transaction and not needed? We have been married for more than 8 years; when purchasing an apartment in his name, my consent was required (the transaction amount was more than 2 million rubles). Is it necessary to correct the purchase consent? If yes, notarized?

4.1. Hello! The spouse’s consent is not required for the purchase; it is only needed when selling/donating joint property.

Did the answer help you?YesNo

4.2. The spouse's consent is always notarized. If Rosreestr didn’t need consent, why send it? Since you have jointly acquired money, it is considered that the purchase occurs with his consent.

Did the answer help you?YesNo

5. Good morning, can I ask, I have been divorced from my ex-husband since 10/05/2018, my husband lives in Kaluga and the married apartment is located there, it is registered on him, I wrote a consent to the purchase when we bought it in Iraq , I live in Krasnodar, I want to remotely file for division, how to do this and what is needed for this, I have a son together, a minor, I want to sue both his share and rewrite mine for him, what is needed for this, and where to write, so that everything is without my presence to do?

5.1. You will not sue the share for your son, since while the parents are alive, the children do not have any rights to their property. You must submit the application at the location of the disputed property - Kaluga, so that the court considers it without you, write a corresponding petition to the court, but it is better to hire a local (Kaluga) representative.

Did the answer help you?YesNo

6. Do I need my spouse’s consent to sell an apartment if I bought it with money received from the sale of an inheritance? The transaction for the sale of the inheritance and the purchase of this apartment took place on the same day.

6.1. “Do you need your spouse’s consent to sell an apartment?

“- if everything happens during the period of marriage, then consent is required... but often this issue is resolved in court, to establish the fact - whose property is it...

Did the answer help you?YesNo

7. Two brothers inherited 1/2 share of an apartment, one of them buys the share and becomes the owner, is it necessary to give consent to the purchase of a share of the apartment to the wife?

7.1. Hello! The law requires consent when selling/donating joint property. No consent is required upon purchase.

Did the answer help you?YesNo

8. I live in a mortgaged apartment with two minor children. I took out a mortgage with my ex-husband, who separated a few months after buying a home. My father paid the down payment + subsidy for two children. I pay the mortgage alone, my ex has never paid it, and has not lived with us for a long time. I will soon have a third child, can I register him in my apartment without the consent of my ex-husband?

8.1. Of course you can register your child. No one's consent is required for this.

Did the answer help you?YesNo

8.2. Yes. You can do it. The registration of a child with one of the parents does not require the consent of the shareholder.

Did the answer help you?YesNo

9. Before marriage, the daughter-in-law owned an apartment. Then they sold it during marriage and bought a more expensive one in which the son did renovations for his own money. Due to the expansion, they are selling and buying again, but this time it is registered in her mother’s name, with a receipt stating that the daughter allegedly gave money to buy the apartment. The daughter-in-law is pregnant, and things are going wrong in the family. If the daughter-in-law sells the apartment, will her son have any share? And will they be able to sell it without the consent of her son?

9.1. Hello! Here you need to look at what money was used to buy the first joint apartment - only money from the sale of the daughter-in-law’s apartment or were there some other investments.

Did the answer help you?YesNo

9.2. Since the apartment is registered in the name of the daughter-in-law’s mother, legally the son has nothing to do with her. Accordingly, no consent is required from him. He can only claim the money that was given to his mother, and then under certain circumstances (if the money was lent or given without his consent)

Did the answer help you?YesNo

10. We bought an apartment while married, registered it in the name of my husband, I wrote a consent to the purchase from the notary. Can I get a tax deduction instead.

10.1. The tax deduction is received by the person who bought it. Whose full name is stated in the contract. You wrote the consent at the notary, because you are legally obligated to do this as a spouse.

Did the answer help you?YesNo

11. I am buying an apartment with a mortgage in another city. Married. What is needed to register me as the sole owner? To obtain the mortgage, the husband signed a power of attorney to act on the transaction on his behalf. Do I need his consent to buy an apartment? The purchase and sale agreement is drawn up only in my name. Is this possible?

11.1. Register only in your name - no problem. But in order for the apartment to legally be only your property, you need a marriage contract, according to which the property registered in your name is your property. Otherwise, it will be jointly acquired property (regardless of which spouse it is registered in the name of)

Did the answer help you?YesNo

11.2. Hello, this is possible, no consent is required, just in the purchase and sale agreement you alone will be indicated as the buyer, but it will still be the joint property of the spouses, Article 34 of the RF IC.

Did the answer help you?YesNo

12. Please tell me, I am purchasing an apartment for cash, do I need my husband’s consent to purchase an apartment, my husband is aware of all matters and is not against it. Grandmother's apartment.

12.1. Consent is not required for the acquisition of property, because in any case, since you are married, the apartment will be your joint property.

Did the answer help you?YesNo

12.2. This issue is regulated by clause 3 of Art. 35 of the Family Code. 3. In order for one of the spouses to enter into a transaction for the disposal of property, the rights to which are subject to state registration, a transaction for which a mandatory notarial form is established by law, or a transaction subject to mandatory state registration, it is necessary to obtain the notarized consent of the other spouse. (as amended by Federal Law No. 391-FZ dated December 29, 2015) (see the text in the previous “edition”) 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. In general, the law requires the notarized consent of the second spouse of such a transaction. It all depends on whether the registration authority will accept your agreement without the consent of your spouse, and if there is no consent, nothing will happen for the first spouse, because the rights of your husband are affected by the transaction you are making, he must react within a year to your actions. Subsequently, he can challenge the deal, but he will need to prove why he did not do this within a year. Answer: If the registration authority accepts the documents for your transaction, you can do this, but this is incorrect by law.

Did the answer help you?YesNo

13. I would like to get advice from you on buying an apartment. We are buying an apartment; in 2011 this apartment was privatized. Two adult sons agreed to privatization in favor of their mother, according to her. At the moment, she has only provided us with the consent of one son, but no consent of the second. She said that the second son will now write a refusal of privatization certified by a notary. Is it possible to buy this apartment?

13.1. Ask for the privatization agreement itself and an extract from the Unified State Register of Real Estate, as well as an extract from the house register, this is the initial set of documents, after reading which you can talk about the purchase process!

Did the answer help you?YesNo

13.2. Most likely, yes, it is possible, but I advise you to hand over the seller’s title documents to lawyers for review.

Did the answer help you?YesNo

Consultation on your issue

Calls from landlines and mobiles are free throughout Russia

14. Spouses in Tajikistan and in Russia, a spouse purchases an apartment, how to give consent for the purchase.

14.1. As a rule, consent is not required for a purchase. It is necessary when selling common property. Consent can be obtained from a notary in Tajikistan and a notarized translation can be made to the Russian Federation.

Did the answer help you?YesNo

15. The mortgage was paid for a 2-room apartment, shares were allocated to two minor daughters, i.e. checkmate included capital. Rosselkhozbank allocates sr-VA for a mortgage for the purchase of a house with large square meters. We would like to use the down payment to invest in an apartment. What to do with the children’s shares; there are no other means to deposit 540 thousand rubles. for children, because The third child will be born soon. The bank does not agree to shares in the new house. Is this legal, since we are going to expand? What should I do?

15.1. Hello! You have already used maternity capital to buy an apartment. Now, having paid off the mortgage with maternity capital, you have given your children shares in the ownership. To buy another apartment, you need to give property to your children in the new one, but you won’t get a mortgage for your children, banks won’t lend to you with the participation of children, because then it’s problematic to take it away. Therefore, there is only one way out; they decided to share the children’s shares in another apartment with the permission of the guardianship authorities. Maybe from the parents, if possible.

Did the answer help you?YesNo

16. Before marriage I had an apartment. After marriage, I sold it with my husband’s consent. We bought another one for less than what we sold. The remaining money was spent on renovating the purchased apartment and a vacation package. Tell me what to do and what documents to draw up now, so that in the event of a divorce, the apartment remains my sole property. The husband has no financial investments in the apartment. Checks, receipts, contracts for the purchase of materials for apartment renovation are available and issued to me.

16.1. Hello. According to Article 34 of the RF IC, you can divide.

Did the answer help you?YesNo

17. The notary requires notarized consent for me to purchase a room in a communal apartment. Otherwise, he does not want to formalize the deal. Is this legal?

17.1. Consent to purchase from whom? From neighbors, from the seller's wife, from the buyer's wife? Specify your question.

Did the answer help you?YesNo

17.2. No one's consent is required to purchase real estate. For sale - perhaps. Sincerely, lawyer in Moscow - Stepanov Vadim Igorevich.

Did the answer help you?YesNo

18. Do I need my husband’s consent to purchase an apartment with funds from the sale of the apartment received by me under the will?

18.1. No, the spouse’s consent to purchase an apartment in this case is not required. In a good way, in order for this apartment to remain 100% yours, you should conclude a marriage contract where you indicate all this.

Did the answer help you?YesNo

18.2. Dear Olga! The laws of the Russian Federation and the Family Code of the Russian Federation (in short - the Family Code of the Russian Federation) do not oblige a spouse who wants to buy something to have written consent for this from the other spouse. For one spouse to sell joint property, the consent of the other spouse is required in accordance with Article 35 of the RF IC. In this case, the spouse sells his own property to the owl, and not joint property, based on the provisions of Article 36 of the RF IC, and therefore he does not need the consent of the other spouse when he buys another residential premises with the proceeds from the sale of his property. Article 36. Property of each of the spouses (as amended by Federal Law of December 18, 2006 N 231-FZ) 1. Property that belonged to each of the spouses before marriage, as well as property received by one of the spouses during marriage as a gift, in by inheritance or other gratuitous transactions (the property of each spouse) is his property. But just to be on the safe side (for possible litigation on the husband’s claim or after the ex-husband’s divorce), it is better to reflect this in the apartment purchase and sale agreement with reference to Article 36 of the RF IC. Good luck to you.

Did the answer help you?YesNo

19. I received the consent of my 69-year-old brother to buy my share of the apartment. From April 22, the activities of notaries are allowed. Is it possible for him to receive a code to travel and make a transaction?

19.1. Certainly. Via mos.ru

Did the answer help you?YesNo

20. I received the consent of my 69-year-old brother to buy my share of the apartment. From April 22, the activities of notaries are allowed. Is it possible for him to receive a code to travel and make a transaction?

20.1. Natalya, wouldn’t it be better to call a notary to your home and make a power of attorney for a third party? They are unlikely to give you the code.

Did the answer help you?YesNo

What is the validity period of the spouse’s consent to purchase and pledge an apartment to the bank for a mortgage?

The husband took out a loan without the consent of his wife to pay off debts for the purchase of an apartment.

I'm married. My husband agreed to purchase an apartment in my name in a building under construction using a remote control.

An apartment was bought with a mortgage while married, paid off, the money was deposited into the wife’s account,

The apartment was bought in my name when I was married 12 years ago. There is agreement to purchase. My husband died 3.5 years ago. Will the reg. miss? Chamber of sale?

When buying an apartment, the realtor and the seller offer the buyer to sign an agreement with a reduced amount instead of the full cost.

My husband and I are buying an apartment, the purchase and sale agreement is drawn up only in the name of the husband, that is, he is the only owner.

Day. After a divorce, I want to sell two rooms in a communal 4-room apartment.

I am about to buy an apartment using jointly accumulated funds with my brother.

My son is 17 years old, we are selling an apartment and buying a larger house. The son is the owner of 1/4 share of the apartment.

Tax deduction for a minor. There was an inheritance for a 15 year old son.

Preliminary purchase and sale agreement from a minor

- This is an important document for the guardianship and trusteeship authorities. BUT! It is no less important for the parties to the transaction.

After all, it is in this document that the deadlines for entering into a deal will be spelled out, taking into account the receipt of an order from the department.

As with all other essential terms of the transaction, the content of the article is detailed: it is not so difficult to compile it yourself.

But it is important to take into account some circumstances accompanying this transaction, including the requirements of the guardianship and trusteeship authorities.

Often sellers, or rather parents of minor owners, draw up a formal preliminary agreement without realizing that compliance with its terms will be monitored by the prosecutor's office.

A violation of these conditions will entail a refusal to register the transfer of rights from the minor owner to the buyer.

I recommend you become: To make it easier for you to draw up a preliminary purchase and sale agreement from a minor, you can use:

- a special program that takes into account all the circumstances of the transaction
Get adapted by the author by filling it out
Use it and adjust it yourself, taking into account your circumstances

It is important to consider several important circumstances in this transaction:

An order for guardianship and trusteeship is a mandatory document
A purchase and sale transaction from a minor is formalized by a notarial purchase and sale agreement, and the notary will also ask for a preliminary agreement detailing the transaction. That is, this document cannot be drawn up formally.
You may have to agree on the wording of the order authorizing the transaction with the notary.

Buying an apartment for a child. Spouse's consent was not required

Article 4 of the RF IC Application of civil legislation to family relations ↓ Read in full ↓ To the property and personal non-property relations between family members named in Article 2 of this Code that are not regulated by family legislation (Article 3 of this Code), civil legislation is applied to the extent that this does not contradict the essence of family relationships. Article 60 of the RF IC Property rights of the child ... When parents exercise powers to manage the child’s property, they are subject to the rules established by civil legislation regarding the disposal of the property of the ward (Article 37 of the Civil Code of the Russian Federation).

CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

DECISION dated March 6, 2003 N 119-O

"3. By virtue of the second paragraph of paragraph 1 of Article 28 and paragraphs 2 and 3 of Article 37 of the Civil Code of the Russian Federation, the legal representatives of a minor are obliged to carry out transactions for the alienation of his property only with the prior permission of the guardianship and trusteeship authority. Parents of minor children, according to Article 64 of the Family Code of the Russian Federation, are their legal representatives and act in defense of their rights and interests in relations with any individuals and legal entities (clause 1); at the same time, parents do not have the right to represent the interests of their minor children if the guardianship and trusteeship authority establishes that there are contradictions between the interests of parents and children (clause 2). The special procedure for parents, as legal representatives of their minor children, to carry out transactions with property belonging to children, enshrined in the above-mentioned provisions of civil and family legislation in their interrelation, is aimed at protecting the rights and interests of minors.” In my opinion, based on the equality of rights and responsibilities of parents, we can conclude that each of them is obliged to protect the interests of the child equally, despite the fact that the conscientiousness of the parents (parent) is presumed (assumed). When making a transaction using the child’s funds, both parents must give consent to their use in the interests of the child. If the transaction is made by the parent in favor of the child, but on his own behalf, then with such a transaction, the notarial consent of the second spouse is necessary, if the spouses do not have a prenuptial agreement.

Preliminary contract for the purchase and sale of land

The Seller's ownership of the Object will be registered in the manner prescribed by current legislation, and the Seller will be issued a certificate of state registration of ownership of the Object. 2.7.4. Prepare documents for the Plot for the transaction and ensure the signing of the Main Sale and Purchase Agreement for the Plot with the group. within the period specified in clause 1.2 of this agreement. This period may be extended for the period of elimination of obstacles on the part of state and municipal authorities in the preparation of documents for the transaction for the Plot and its implementation that arose for reasons beyond the control of the Seller. 2.7.5.

This is interesting: Land tax in the Kaluga region

The purchase and sale agreement for an apartment (the buyer is a minor) must take into account formal details, for example, before signing the agreement, it should be determined whether the teenager is the owner or only has the right to use the property. In the first case, we are talking about the right of ownership within the framework of a gift or purchase and sale agreement, or inheritance.

In the second - about registration in real estate being sold without the right to own it. A contract for the purchase and sale of an apartment (the buyer is a minor) can be concluded without the permission of the guardianship authorities only if the teenager is only registered in it, but is not the owner. It would seem like an ideal option.

But there are some shortcomings here too. A registered minor cannot be discharged “to nowhere”; he must be registered somewhere else.

At the stage preceding the execution of the transaction, you should make sure of the seller’s competence and the absolute “purity” of the plot from all points of view, so as not to buy a “pig in a poke” and to prevent possible problems. The buyer has the right to request:

acquired land plot.
title documents;
information about restrictions/encumbrances or their absence (LLC Article 37);
legal documents;

The legal origin of property is proven by the following documents:

Coordination of transactions with the property of minors, or Cannibalism of the guardianship authorities // Nepyatnichnoe

I have already written about the difficulties faced by anyone who has used maternal capital to purchase housing and decided to calculate the legal risks of the subsequent sale of such housing without first allocating shares. More about this here:

I will briefly outline the essence of my “case”: a family bought a one-room apartment with a mortgage, and later decided to invest capital in it. After some time, the family buys a three-room apartment for growth, also with a mortgage, to pay off which they want to sell the one-room apartment. But in order to sell it, you must first allocate shares to your spouse and children as part of the fulfillment of your maternal capital obligations. This is where it all begins...

After analyzing the situation, I decided to preliminarily allocate shares (interestingly, by law the owner is obliged to do this not only in relation to the spouse and children who appeared at the time of using the maternity capital, but also in relation to those children who were born later, so in any case In this case, notaries interpret the law; in addition, not all notaries agree to certify a transaction for the allocation of shares before the encumbrance is removed, even despite the fact that the pledge holder himself, i.e. the bank, has nothing against it). But in this post I want to talk about the difficulties that I encountered at the next stage.

This is where the guardianship authorities come to the fore. I won’t be able to alienate the children’s shares without their consent. And with this agreement, not everything is simple.

Having previously undergone consultation with the guardianship authorities at our place of residence, we breathed more or less freely: it turns out that until recently we calmly agreed on the alienation of the children’s shares, subject to the opening of a special trust account in favor of the children and the placement of funds in it in an amount not less than the size of the maternity capital. However, just today it was announced to us that this scheme no longer works, and those who used it are denied approval.

The scheme with the allocation of shares instead of those sold in a three-room apartment purchased “to expand the area” will also not receive support in the OOiP due to the prohibition of compensated transactions between children and parents under Art. 37 of the Civil Code (the apartment has already been purchased using a mortgage, de jure it is owned by the parents). I really don’t understand why I can’t, in exchange for the shares being sold, give the children similar shares in a larger apartment, but oh well. As a result, the guardianship authorities offered us to purchase a new apartment for the children of no less area, the cost of the shares in which would be no less than the cost of the children’s shares in the existing (sold by us) apartment.

At the same time, the guardianship authorities cannot provide clear criteria for a transaction for the purchase of new housing for children to replace the alienated one, compliance with which is ensured by the approval of the sale of children's shares in the one-room apartment alienated by us. The above two points were only voiced: the living space and the cost of the shares are no less than in the current apartment.

It is clear that in Moscow it is unrealistic to purchase an apartment of the same area for 500 thousand (the cost of maternal capital). However, we did not plan to allocate more for the purchase of new housing for the children - we need to repay the mortgage loan in the new apartment, purchased “for growth,” for which we are selling the previous one. Regarding the purchase of housing for children in other regions, the guardianship authorities do not guarantee approval and hint that refusal options are quite possible.

As a result, we have an absurd situation: the state seems to be vigilant that the housing rights of children are not violated, while the literal interpretation of existing norms leads the guardianship authorities into a stupor when it comes to approving the sale of housing of a smaller area in order to provide children with housing in an apartment of a larger area, if it is already in parents' property. As a result, maternity capital, which seems to be designed to solve the housing problems of families, after fulfilling obligations under it, becomes a stumbling block in solving the same housing problems when it is necessary to increase the living space and use the money from the sale of the original apartment for this. I am sure that there are a lot of such situations in Russia, and it seems that our public authorities cannot offer an adequate answer for conscientious parents.

PS I have not yet studied the problem in depth legally, perhaps the guardianship authorities are wrong in some way, however, paragraph 3 of Art. 37 of the Civil Code and the prohibition of paid transactions between parents and children have not been canceled. Since it is important for buyers to complete the transaction no later than the beginning of June, we are not considering options with a subsequent appeal in court and are looking for a way to 100% approve the OO&P transaction. There seems to be no uniform regulation for approving such transactions - apparently, here the municipalities are “who knows what”. At least, this is the impression one gets when first approaching the question.

How to draw up a purchase and sale agreement with minor children?

In addition, we will figure out who should carry out the transaction on behalf of the minor.

Contents of the article: Few people know that children, like adults, have every right to acquire real estate.

As for transactions aimed at purchasing an apartment, in this situation the minor owner has practically no restrictions. Another thing is transactions for the sale of housing, which can only be carried out by the parents of a child under 14 years of age, acting on his behalf as legal representatives. A child from 14 to 18 years old, in turn, can sell an apartment or his share in it with the consent of his legal representatives.

Moreover, for the successful sale of an apartment with a minor owner, the following conditions must be met:

Agree, not every bank will undertake a transaction with a 16-year-old citizen, let alone situations where the child is not even 16 years old?

Representatives of guardianship authorities can also take this role.

Requirements for transactions made by minors

The special legal status of minors is associated with the limitation of their legal capacity, which, as a rule, arises in full with the onset of adulthood (on reaching the age of 18 years). The exceptions are cases of acquiring full legal capacity upon marriage before reaching 18 years of age or declaring a minor who has reached 16 years of age fully capable (emancipation) (clauses 1, 2 of article 21, clause 1 of article 27 of the Civil Code of the Russian Federation

Requirements for transactions made by minors are determined based on the limitation of legal capacity depending on age (up to 14 years or from 14 to 18 years).

Thus, for minors under 14 years of age (minors), most transactions can be made on their behalf only by their parents, adoptive parents or guardians, including transactions on the acceptance of real estate as a gift. At the same time, property liability for such transactions, as well as for transactions made by minors independently, is borne by their parents, adoptive parents or guardians, unless they prove that the obligation was violated through no fault of theirs. In addition, these persons are responsible for harm caused by minors (clauses 1, 3, Article 28 of the Civil Code of the Russian Federation

;
Clause 17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 23, 2015 No. 25 “On the application by courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation”)
.

Note! Giving on behalf of minors, with the exception of ordinary gifts worth no more than 3,000 rubles, is prohibited (clause 1, clause 1, article 575 of the Civil Code of the Russian Federation

Minors aged 14 to 18 years can make transactions with the written consent of their parents, adoptive parents or trustees (including with their subsequent written approval of the transaction) (for a sample consent, see the end of the publication). The exception is transactions that minors can carry out independently.

Minors of the specified age group independently bear property liability for transactions made by them (both independently and with the consent of their legal representatives), and are responsible for the harm caused by them (clauses 1 - 3 of Article 26 of the Civil Code of the Russian Federation

If guardianship (for minors) or trusteeship (for children aged 14 to 18 years) is established over minors, in order to carry out transactions related to the disposal of their property, it is necessary to obtain prior permission (consent) from the guardianship and trusteeship authority. This rule applies to transactions involving the alienation of the ward’s property, leasing it out, for free use or as a pledge, to transactions entailing the renunciation of the rights belonging to the ward, the division of his property or the allocation of shares from it, as well as any other actions entailing a decrease in the ward’s property.

A guardian, trustee, their spouses and close relatives do not have the right to enter into transactions with the ward, with the exception of transferring property to him as a gift or for free use. Also, these persons cannot represent the ward when concluding transactions between him and the spouse of the guardian or trustee and their close relatives (clause 1 of Article 32, clause 1 of Article 33, clauses 2, 3 of Article 37 of the Civil Code of the Russian Federation

A special rule has also been established for transactions involving the alienation of real estate owned by a minor: such transactions are subject to mandatory notarization, regardless of the age of the minor. At the same time, failure to comply with the notarial form of the transaction entails its nullity (clause 1, clause 2, clause 3, article 163 of the Civil Code of the Russian Federation

;
Part 2 Art. 54 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”
).