All people have equal rights. At least this statement is true in real estate matters. Anyone can own a house or apartment.
This also applies to minors. You can be the owner of an apartment at any age, as well as make transactions with your real estate. Of course, these operations will be more complicated in terms of documents, and registration may take longer.
However, real estate transactions involving minors are common. In order for everything to go without problems and troubles, you need to know the basic rules and procedure for carrying out such operations .
Transactions permitted for minor owners
If a child owns an apartment or part of an apartment, with the permission of the guardianship and trusteeship authorities, the following transactions can be made with this property:
- sale;
- donation;
- exchange;
- renting an apartment;
- registration of real estate as collateral (for a loan or mortgage);
- housing exchange;
- refusal of inheritance and participation in privatization;
- division or allocation of a share from property owned by a minor.
According to the Civil Code, minors are divided into two groups:
- Up to 14 years of age - at this age children are considered minors and completely incompetent. Real estate transactions for such children are carried out by their parents. If there are no parents, the child’s adoptive parents or guardians.
- From 14 to 18 years old - although children are still minors, they are already partially capable and can independently carry out real estate transactions. To do this, the child will need a passport, birth certificate and parental consent certified by a notary.
It happens that a child lives with one of the parents (mother), and it is impossible to obtain consent from the second. If a document is provided confirming that the child does not communicate with the second parent and there is no contact with him, the mother’s consent will be sufficient.
There are exceptions.
If a child has been officially working since the age of 16, parental consent will not be required at all, since he will be considered an adult
The same will happen if a minor citizen is married (allowed from 16 years of age).
Buying an Apartment with Registered Minor Children 2020
Also according to Art. 69 of the Housing Code of the Russian Federation, children under the age of majority who live together with the tenant of the house and are members of his family have equal rights arising from the social tenancy agreement, therefore, they have the opportunity to participate in the transfer of ownership of the living space on the same level as the adult owners of this residential premises.
If a minor is recognized as fully or partially incompetent, then the main condition for selling an apartment with registered children or a minor owner is the involvement of persons involved in protecting their rights. Only after receiving their permission is the sale of residential premises allowed.
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Sale
If it is necessary to sell or exchange property belonging to a minor, the rules are simple: the child’s situation must improve from this transaction.
This means that the ownership share can only increase, as well as the number of square meters. Even if the parents give consent to the transaction, it will be void without the consent of the guardianship authorities. They, in turn, will make a decision based on the documents and explanations provided. Cases vary, so you need to explain to the inspector making the decision all the circumstances of the transaction.
For example, instead of an apartment being sold, a new one will be purchased. According to the documents, the area of the new apartment is smaller than the previous one, but it is located in a new building, in a good area near the school. And the previous one was in an old house on the outskirts. Naturally, without knowing all the details, the inspector will most likely refuse, focusing only on the number of meters.
The same applies to other transactions - rental, exchange and others. The main thing is not to violate the rights and interests of minors, then there will be no problems with registration.
Even if a deal that worsens the child’s conditions happens by mistake, it can be challenged for many years. Sooner or later, the child’s rights will be restored, and the perpetrators will pay for all the damage caused to the parties.
Important: the consent of the guardianship authorities is required only if the child is the owner.
If a minor simply lives or is registered in an apartment, transactions can be carried out without their consent
Buying an Apartment with Registered Minor Children 2020
In each specific case, inspectors of the Guardianship Authorities themselves determine, in their own opinion, whether the rights of the child are violated or not. Your login e-mail. Remember me. Forgot your password? Instructions Map Glossary Map. Buying an apartment with minor children Latest update: For what reason Rosreestr may suspend the registration of an apartment purchase and sale transaction - see the link. What risks does the Buyer face when purchasing an apartment received by inheritance? Examples, explanations, recommendations.
And even in the case when a minor child is only registered in the apartment and does not have ownership rights in it, that is, when formally the Permission of the Guardianship and Trusteeship Authorities is NOT required, it is still better for us as the Buyer to find out before the transaction where the child will be registered subsequently, and not will his living conditions worsen there?
Acquisition
As already mentioned, a minor citizen can become a home owner. He can obtain real estate in various ways.
Apartment purchase
Upon purchase, any real estate can be registered in the name of a minor - in whole or in part. If only part is issued
apartments - the contract and certificate must clearly indicate the shares of each owner.
The transaction is completed as usual - at the regional center. It differs from a regular sale and purchase - the child’s representative (parent or guardian) signs for the child.
By the way, if the apartment was paid for with maternity capital, the children must receive their shares in it. This is strictly controlled and audited, and there will be heavy fines if there is a violation.
It is important to remember that parents and close relatives do not have the right to sell an apartment to their child. To do this you need to use other methods.
Inheritance
A child can receive an apartment or a share in it by inheritance. There are two options - everything is formalized with the help of a will, or the child inherits the property according to the established procedure.
Moreover, even after a few years, other heirs may appear who will challenge ownership and try to divide the property. Therefore, if you decide to leave real estate to your child, it will be more convenient to use other methods.
Donation
The most convenient option. Not only parents or relatives can give a child real estate - absolutely anyone can register a gift. At the same time, you can be sure that no one will challenge or take away the property received from the minor. For such a transaction, a standard package of documents for the apartment is collected, a gift deed is drawn up and notarized, and the transaction is formalized in the regional center. The minor's representative signs for him.
Privatization
If a child is registered in an apartment, when registering privatization, he will definitely receive his share of the property. Also, other owners, for example, a mother or father, may renounce their share in his favor.
Even if for some reason the child was not included in the list of owners, he can challenge privatization after 18 years of age.
To avoid water shutoffs for non-payment, you must pay your utility bills on time.
How to get land for individual housing construction? You will learn about this here.
Division of the land plot is possible. Description of the most common case at https://zakonometr.ru/zemlja/dokumenty/uchastok/razdel-zemelnogo-uchastka.html link.
General rules for transferring ownership of real estate
The Civil Code of the Russian Federation (Article 292) clearly states that when a new owner appears in an apartment, all family members of the previous owner lose the opportunity to use it. These persons include both the closest relatives and third parties if, by consent, they were registered in the living space.
A similar rule is contained in the Housing Code (Article 35), which establishes a rule according to which if a person loses the right to use housing, he is obliged to check out of it. It would seem that there are no pitfalls and the sale of the area is unconditionally followed by an extract from the registration register.
At the same time, the law has an interesting rule: if at the time of privatization several people had the right to it, but refused their share in favor of one person, they retain the opportunity to live even after the sale of the apartment.
Thus, the law protects users of residential premises who are not considered owners , although they could have become them in previous periods. The list of persons who remain registered in the apartment after its purchase by the new owner must be specifically agreed upon when completing the purchase and sale transaction.
It will not be possible to evict such tenants even through the court, so it is always necessary to check the cleanliness of the documents several times.
Possible consequences of buying an apartment with registered minor children
Since, thanks to the general demographic boom in the country, the vast majority of Russian families have children, the likelihood that the home seller also has them is quite high. The buyer should know that if minors are found registered in the apartment, it will not be possible to simply remove them from the register, even through the court. Judicial practice shows that judges prioritize protecting the interests of minors, so the court is more likely to annul the transaction itself than to force the minor to be discharged. But even if, on the basis that the purchased property contains registered residents under 18 years of age, the court manages to annul the purchase and sale transaction, this does not mean for the buyer that he will ultimately not be at a loss. So, even if the court decides to invalidate the transaction and obliges the seller to return the money received, it may happen that the failed owner will not receive it back, if by that time it had already been spent by the seller, and he does not have property and income commensurate with the required amount. disposes.
By law, minor citizens under 10 years of age must be registered and live at the place of residence of their parents. This provision follows from Article 20 of the Civil Code of the Russian Federation. Persons who have reached 10 years of age can be registered with other relatives, for example, grandparents. Teenagers from 14 to 18 years old are registered at their actual address. In addition, it is impossible to place minor residents in conditions that do not meet sanitary standards. The future owner should make sure that the owners are registered at the new address with the whole family within the agreed time frame.
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How does the purchase and sale of an apartment with minors work?
- After marriage. However, divorce is not a basis for limiting legal capacity. The only exception is fictitious marital relations.
- As a result of emancipation. This is a legalized process as a result of which a person becomes legally capable as a result of starting work under an employment contract or engaging in entrepreneurial activity.
They may also refuse for other reasons. In each case, the guardianship authorities compare all available facts and make an individual decision. For example, a government agency will refuse to sell an apartment to a family with an asthmatic child if new housing is purchased in an area with high gas pollution or proximity to processing plants.
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