Is it possible to discharge a child from an apartment to nowhere if he is not the owner?

Requirements for deregistration of a child

During the procedure for deregistration from the apartment, the following will be taken into account:

whether the minor citizen owns the residential premises or part thereof;
whether his legal representatives allow him to do this;
age;
approval from the child for discharge (if he has reached the age of ten);
is there permission from the guardianship authorities;
living conditions in a new apartment or house (the area per child must be no less than the previous one).

Requirements for discharge of children under fourteen years of age:

You can only be discharged with one of the parents (if both are registered in the apartment and it doesn’t matter where the child currently lives);
the application and retirement sheet are drawn up by the legal mother and father, or guardians;
registration at the new address must be carried out within the time limits established by law.

Requirements for discharge of minors over 14 years of age:

you can write out and register separately from your parents;
The teenager fills out the documents independently.

Procedure for deregistration at place of residence

Every Russian citizen must have a place of residence.

If he moves abroad, to another region of the Russian Federation, or simply to another premises, it is necessary to cancel the registration at the old address.

Removal methods

According to the legislation of the Russian Federation, there are two options for deregistering a citizen at his place of residence:

Before leaving for another place, you must contact the registration authorities or authorized officials of the Main Department of Migration of the Ministry of Internal Affairs of the Russian Federation (FMS) - the department, the MFC or the passport officer receiving at the management company or HOA at the place of residence - with a corresponding application. They will remove the person from the registration register, and as confirmation, a stamp will be placed in the passport and a departure address sheet will be issued.
The second option allows you to leave without completing these documents at all. In this case, when the Russian citizen arrives at another place, it will be possible to sign out from the previous address along with a new registration. To do this, when filling out the application, it is enough to fill out a tear-off coupon in which the person asks to be removed from the register at his previous place of residence. In a number of cases, employees of the Main Directorate for Migration and Migration (FMS) may request a separate statement stating that the citizen of the Russian Federation no longer lives at the previous address.

So if you don’t have time to contact the GUVM (FMS) just to check out of your old apartment, there’s nothing to worry about: this can be done simultaneously with the new registration.

Required documents

There is a certain list of documents that must be provided for deregistration:

Statement. Since the law does not establish a specific form, it can be written in any form indicating personal data.
Identification document (passport).
Extract from the house register.
Departure address sheet.
Sheet of statistical records of departure (in cases where a Russian citizen moves abroad).
For minor children left without parents, it is additionally necessary to provide the consent of the guardianship and trusteeship authorities.

Theoretically, it is possible to provide a USSR passport of the 1974 model instead of a Russian passport. In practice, such passports are practically never found and are presented extremely rarely.

The application must be filled out personally by the citizen who is leaving the apartment, or his legal representative.

Foreign citizens are deregistered if they leave for another place of residence, when leaving Russia, on the basis of a court decision, or in the event of death. De-registration in such cases is carried out by migration authorities on the basis of one of the documents listed below:

Notification that a foreigner has arrived at another place of residence.
Notice of departure from a hotel or other place where a foreign guest temporarily resided.
The decision of the court authorities to terminate registration.

In these cases, the discharge is made within the three-day period established by law.

Documents for the child

There is a special procedure for the discharge of minors.

If the child who needs to be deregistered is not yet 14 years old, registration actions are carried out by his legal representative.

After reaching this age, the child registers independently, but his parents or guardians must give consent.

The documents provided are the same as for adults: passport, application, extract from the house register (if available), departure certificate, permission from the guardianship authorities for orphans.

The checkout period is 3 days . If documents are submitted through the passport office, it can be extended to 6 days.

For children under 14 years of age, instead of a Russian passport, a birth certificate is required.

Where to go and how to apply

Registration of Russian citizens, as well as deregistration, is the responsibility of the Main Directorate for Migration Issues.

If a person is moving abroad, the application must indicate the country to which they plan to move.

Neither the Ministry of Foreign Affairs nor Russian consulates abroad are authorized to discharge citizens living in the territory of other states.

Extract is made by contacting the department of the Main Administration for Migration (FMS) or the passport office of the management company at the place of permanent registration.

Documents are submitted in person or by notarized power of attorney.

The law also provides for the right of a citizen to receive a copy of his application, on the back of which the corresponding stamp is affixed.

Sometimes it happens that in the chaos of moving, the departure address sheet is lost. There is no need to be upset: this is not a reason for refusing registration at your new place of residence.

There is one more nuance. It happens that when filling out an application for termination of registration, a person indicated one address, but moved to live in a completely different place. This is not punishable and does not entail any consequences.

Deregistration can be done for various reasons:

Change of permanent residence. In this case, deregistration at the old address will occur automatically.
The onset of death. This fact is confirmed by relevant evidence.
Detection of false information that led to the issuance of registration.
Deprivation of liberty. To remove a person from the register, you will need to attach a copy of the court verdict that has entered into legal force.
Conscription into the Armed Forces of the Russian Federation. In this case, an extract can be made without a conscript; it is enough to provide a document from the military registration and enlistment office.
A situation when a court recognizes a person as missing or dead. A court decision will also need to be attached to the set of documents.

It happens that after a trial in court a person loses the right to use real estate. In this case, the objections will not be taken into account, and he will be evicted from the occupied living space.

This can happen when a marriage is dissolved with subsequent division of property, large debts arise for utility bills, as well as when an official or social tenancy agreement expires.

There are other cases: for example, a person has made illegal redevelopment in an apartment and does not want to eliminate the consequences of the violation.

As for the cost, you don't have to worry about that either. There is no state fee for deregistration .

To simplify the deregistration procedure, you can leave a preliminary application on the government services portal. To do this, you need to select the appropriate section and fill out the form, providing all the necessary information. After this, the application will be sent for processing.

You can check the status of your application at any time in your personal account.

Three days after sending the form, you should receive a response - an invitation to visit the authorized body with the originals of all documents.

After verification, the employee will stamp your passport and the procedure will be completed. If any problems arise, the applicant will receive a corresponding message by email.

Withdrawal terms

The legislation establishes certain deadlines for deregistration. If a person has provided the correct package of documents, this service must be provided to him within three days. However, there are some nuances here too.

When it comes to privatized real estate, the three-day period is usually observed. When checking out through a proxy, there are no problems either.

Difficulties are possible when a person is checked out of an apartment that is state or municipal property.

Other family members who live there may be against it, and sometimes this ends in a lengthy legal battle.

Deregistration without presence

There are cases when a person does not want to be deregistered. In such a situation, he can be discharged by the employer or the owner of the living space.

However, there must be good reasons for this.

Such issues are always considered by the court, to which it is necessary to file a claim to deprive a person of the right to use residential premises.

If a person registered in a residential area does not have the opportunity to personally apply for an extract, he can ask an authorized person to do so. The latter will have to present a power of attorney, which will indicate the relevant powers.

In addition, if a person lives abroad and cannot visit the GUVM, he has the right to have the application certified by a notary or at a Russian consular office and sent by mail. This right is granted to a citizen of the Russian Federation by law, and if it is violated, the applicant can file a claim in court.

Source:

Is it possible to discharge a minor from a privatized apartment if he does not live there?

The current legislation of the Russian Federation regarding housing issues related to children is clearly established. All actions for the discharge and registration of one’s own or someone else’s child at an address (no matter whether the child actually lives there at the moment or not) are controlled by the relevant competent authorities.

To resolve issues with the discharge of a citizen under 14 years of age, you need to rely on:

Family Code of the Russian Federation – protects the right of children to live with their legal representatives;
Housing Code of the Russian Federation - provides the right of a minor to register without the consent of the owner of the premises, if one of the parents already lives there. Reflects the standards for the size of living space allocated to a person;
Civil Code of the Russian Federation (Article 20) – registration of children under 14 years of age is carried out with at least one of the parents;
The Convention on the Rights of the Child reflects and protects all of its legal possibilities.

The same laws apply to minors 14-18 years old , except Art. 20 of the Civil Code of the Russian Federation “On mandatory registration together with parents.”

Attention! If a privatized apartment is sold, but a new home has not been purchased and, accordingly, there is nowhere to re-register the child, you should open a bank account and deposit a certain amount.

You can read more about whether and how to remove a child from an apartment when it is sold here. The work of registration authorities in relation to children is also regulated by this regulatory framework:

Art. 292 of the Civil Code of the Russian Federation “On the transfer of rights to real estate...”;
Art. 558 part 1 of the Civil Code of the Russian Federation “On persons having the right to own residential premises”;
Art. 288 of the Civil Code of the Russian Federation “Grounds for entering into ownership of real estate”;
Art. 247 of the Civil Code of the Russian Federation “On shared ownership...”;
Federal Law of the Russian Federation No. 5242-1 dated June 25, 1993. “On the right of citizens to freedom of movement within the Russian Federation.”

Step-by-step instructions for preparing documents

Apply to the Guardianship Council, if the child has ownership rights to this living space, and submit documentation there:
- certificate “On family composition”;
birth certificate or passport, upon reaching the age of fourteen;
original passports of the legal mother, father or guardians.

After considering a specific case with the discharge of a minor, the guardianship authorities will issue a paper with a positive or negative answer . If refused, it will not be possible to deregister a person who has not reached the age of majority.

Next you need to come in person to:
District department of the Federal Migration Service (according to Article 3 of Federal Law No. 5242-1, the main registration functions are assigned specifically to the migration service);
MFC.

IMPORTANT! If the parents divorced, and one of the former spouses is against the discharge of the child, or the child is a participant in privatization, or he is the owner of the apartment, then initially you will have to go to court to resolve the problems that have arisen.

For the above organizations The following documentation should be prepared:
an application for the child’s discharge (upon reaching the age of fourteen, the minor writes independently);
certificate “On family composition”;
originals and copies of identity cards of guardians or parents, and all citizens living in this apartment;
birth certificate (up to 14 years of age) or his identity card (after 14 years of age);
consent of the second parent (if divorced);
personal account of the apartment;
technical passport of the premises;
paper indicating ownership rights;
contract of sale;
social tenancy agreement (if any);
an extract from the house register;
a copy of the passport of the new living space (if purchased);
consent of the owner of the residential premises where the child will be registered after discharge;
a paper containing information about the court decision (if applied).

The entire procedure for deregistering a minor will take about 24 days:

receiving a response from the board of trustees will take 2 weeks;
deregistration upon registration – 3 days from the date of application;
submission of documentation for registration at a new place of residence - a week after discharge.

De-registration is free of charge.

When applying to the judicial authorities, you will have to pay the state fee established by law at the time of filing the claim.

To confirm departure from the previous place of residence, a special document is issued - a departure sheet and, if you have a passport, a stamp is placed.

More information about the procedure for discharging a child from an apartment can be found here.

CHECKING A MINOR CHILD OUT OF THE APARTMENT

The institution of registration is an outdated concept in the legal sense. Current legislation uses the term “residence registration”. However, citizens in everyday communication, when interested in registration issues, use the usual “register” or “write out”. In Russia, the procedure for registering citizens at their place of residence is quite simple. But there are peculiarities if the issue of children’s registration is raised. To figure out how to remove a child from an apartment, you will need to study housing and family legislation. Discharging a child from an apartment, especially a minor, often has a lot of nuances, because everyone may have their own case. Today we will look at the question of how to discharge a minor child from the owner’s apartment - the basic rules and procedure for discharge. In what cases - what is the procedure.

RESTRICTIONS AND GROUNDS FOR REMOVING CHILDREN FROM THE APARTMENT

Is it possible to expel a minor child from the apartment? The key difference in the procedure for deregistering children from deregistering adults is that they cannot be deregistered without subsequent registration at a new place of residence. Registration of a child under 14 years of age in the Russian Federation is possible only at the place of registration of one or both parents. In the absence of parents, the place of residence of the guardian is taken into account. But at the same time, deregistration of a mother or father if there is a registered minor is not prohibited. The prohibition applies only at the time of registration. In general, a child can be discharged from an apartment only with the consent of the parents or by a court decision. If a minor is the owner of a share in the apartment from which it is planned to remove him, then the consent of the guardianship council will be required. And if there is a need to change schools due to moving, the child’s consent is required if he has reached 10 years of age. In the majority of cases, it is necessary that the living space in the new housing be no less than in the previous one. Otherwise, there is a risk of challenging the actions of the parents by the decision of the guardianship council.

PROCEDURE

The main condition for discharging a child from an apartment is mandatory subsequent registration in the apartment/house where at least one of the parents lives and is registered. This rule applies regardless of the type of housing (municipal, privatized). Schematically, the procedure for re-registration of a child’s place of residence is presented as follows:

Preparation of papers necessary for the change of registration.
Obtaining the consent of the guardianship council. Even if it is not required, we recommend that you agree on the issue so that there are no complications later.
Submission of papers.
Filling out the departure sheet.
Deregistration at the old place of residence.
Submitting documents for registration at a new address.
Filling out the arrival sheet.

As you can see, the essence of the procedure is simple. But the particular nuances of how to discharge a minor child from an apartment affect preparations for re-registration, mainly at the stage of collecting documents. There is also a simplified scheme where it will be enough to contact the registrar for registration - registration. The checkout will happen automatically. In the event of a dispute with guardianship, the discharge and, as a result, the registration of the baby will not be carried out. PRIVATIZED HOUSING The privatization process involves granting the child ownership rights to a share if he participated. To discharge a minor child from a privatized apartment, guardianship permission is required. A condition for issuing a permit is the need to provide the child with similar housing (share). At the same time, guardianship representatives do not take into account social and subjective factors: housing in a more prestigious area, obtaining benefits from purchase and sale, etc. All that matters is the square. The area provided to a minor must be no less than that which belongs to him by right of shared ownership. If the purchase of a new home after the sale of the previous one is postponed for a specific period, then in order to obtain permission from the board of trustees, you will need to provide confirmation of the availability of funds in a special bank account intended for the purchase of an apartment. The amount of the deposit must be no less than the value of the minor’s share in the sold apartment. The board of trustees may not take into account the price specified in the purchase and sale agreement, but focus on the market price. WHEN A MINOR IS NOT THE OWNER The procedure for expelling a child from a privatized apartment if he is not the owner varies depending on whether the minor has refused to participate in privatization or not. If the apartment was purchased and not received during privatization, and the child is not the owner of the share, then the consent of the guardianship council is not required for discharge. It is enough to register the minor at a new place of residence - in the same apartment (house) with his parents. It is allowed to live together and only with one person - father or mother (Article 20 of the Civil Code of the Russian Federation). It is still recommended to respect the rights of the child. New housing should not be worse than the previous one. Exceptions to the rule are possible for objective reasons. But this is highly undesirable. EXTRACT FROM MUNICIPAL HOUSING The law fully protects the interests of a minor registered in an apartment owned by municipal property. In this case, permission from the guardianship will be required to discharge the child. You need to obtain consent even if the move is related to the purchase of a new home. The requirements of the guardianship council are standard - the new housing should not be worse than the previous one. It happens that the board of guardians does not give the go-ahead if the child is not provided with a separate room in the new apartment, but in the previous one there was one, with a general increase in the nominal area. In practice, refusals do not happen often, but before making real estate transactions, it is better to clarify the nuances with the regional guardianship department. COLLECTION AND FORMATION OF A PACKAGE OF DOCUMENTS The procedure for removing and registering a minor citizen requires careful preparation of the necessary papers before visiting the FMS directly and submitting applications. The general package of documents for discharging a child from an apartment includes:

statement;
child's birth certificate;
passports of father and mother;
departure sheet (arrival for registration).

Additionally, the consent of the second parent is required if they do not live together and the child is under 14 years old. The permit is prepared by a notary. In the absence of the second parent (death, deprivation of parental rights, inability), a supporting document is submitted. If the location is unknown, then an explanatory note is drawn up explaining the essence of the matter. When a child reaches 10 years of age, his consent to move is required if this will significantly change his lifestyle. In practice, a change in lifestyle means a change in educational institution. The norm is rarely applied. Title documents for housing are added to the basic package. For privatized housing, this is a certificate of ownership, cadastral passport, house register. For municipal real estate - a warrant or social rental agreement and the tenant’s passport, if he is not the child’s parent. BOARD OF GUARDIANS. HOW TO OBTAIN CONSENT? In all cases, except for the discharge of a child under 14 years of age who is not the owner of a share in a privatized apartment, the consent of the guardian must be obtained. To do this, write an appeal to the regional guardianship department. The following are attached to the application:

birth certificate;
documents for the current housing where the child is registered;
papers for the proposed housing (preliminary agreement);
parents' passports;
estimated value of current and proposed housing;
others.

The guardianship considers the request within 14 days, so consent is required before making transactions, for example, the purchase and sale of old and new housing. Since there is no guarantee of a positive decision of the guardianship council if there is a suspicion of deterioration in living conditions. Key points that representatives of the guardianship department focus on when considering a request:

whether the number of meters entitled to the child has been preserved;
is the new housing equivalent to the previous one in terms of amenities;
whether a new registration is being made at the place of residence of the parents or one of them.

If the number of squares is not enough to make a positive decision on guardianship and the parents live together, then it is possible to register one of them first, after the child, having received consent, and only then the second. This move is available, subject to other aspects. The refusal of guardianship can be challenged in court, but courts rarely infringe on the rights of minors. Therefore, there is no chance in a standard situation. Acceptable options when a claim will affect the situation:

provision of a sum of money to the current account before the date of purchase;
it is necessary to register a child over 14 years old not with his parents;
the opposing actions of the mother or father are directed against the interests of the child.

AGE NUANCES IN CHANGING THE PLACE OF REGISTRATION The turning point age of the child, which affects the procedure for discharge and registration, is reaching 14 years of age. Until the age of 14, a child does not fill out applications for withdrawal or registration, does not present a passport when applying, and does not need to visit the registrar at all. All procedural issues are decided by parents or guardians. But until the age of 14, a child cannot be registered in an apartment (house) where at least one of the parents is not registered. After 14 years of age, a minor child must be present when submitting applications, as well as write them in his own hand. However, from the age of 14 you can be registered at a different address than your parents. TIME FRAME FOR REGISTRATION Control periods are established by law for performing certain actions in order to discharge a minor child from the apartment.

Event	Term
Consideration of the request by the guardianship council	14 days from the date of application
Removing a child from registration	3 days from the date of application
Submitting papers for registration at a new address	7 days from the date of discharge
Removing a child from registration	3 days from the date of application

In total, the entire process can take 27 days. The legislator allows an extension of the ten-day period provided for submitting papers to register a child. However, the grounds for an extension (pass) must be valid, that is, excluding the real opportunity for parents to register a child: illness, deferred purchase with a deposit, being away for a long time, etc. WHERE TO GO TO RELEASE A CHILD FROM THE APARTMENT? According to Art. 3 of Law No. 5242-1, the functions of registering citizens are assigned to the territorial divisions of the Federal Migration Service of the Russian Federation. You can submit documents in order to discharge or register a child in an apartment using any of the presented methods, choosing the most convenient:

by personally visiting the local department of the Federal Migration Service of the Russian Federation;
by sending an application to the MFC;
by submitting an application through the State Services portal.

There are no restrictions on the choice of payment method. But you can only choose from functioning options, that is, if no method is available in the region other than a visit to the registrar, then you should visit the regional FMS department.

REMOVING A CHILD FROM THE APARTMENT THROUGH THE COURT

Going to court is the only alternative option for voluntarily removing a child from the apartment. The need for forced deregistration usually arises when parents divorce. Often, after separation, one of the spouses refuses to voluntarily remove the child from the register and register it at the new place of residence. The owner can only go to court for forced deregistration. District courts of the Russian Federation deal with issues of deregistration. Filing a claim is subject to a fee of 300 rubles. Only the owner of the property can act as a plaintiff. The prosecutor and a representative from the guardianship take part in the cases. To initiate the consideration of the case, it is necessary to prepare a statement of claim and submit it to the court with attachments. The documents attached to the claim depend on the individual circumstances of the case. An application to court for the purpose of discharging a minor must be substantially justified by evidence.

EVICTION OR NOT?

Courts in the Russian Federation adhere to the position of protecting the interests of the child. If a controversial situation arises, the decision will always be in favor of the housing and material well-being of the minor. The court cannot expel a child from the apartment without justification. Divorce of parents, when one is the owner of the property, is not considered by the court as an argument in favor of a petition for eviction. The termination of family relations between spouses does not entail the termination of family relations between parents and children. You cannot evict a child through court if:

The apartment is not privatized. The reason for the refusal is that in the event of privatization, the child receives ownership of the housing.
The minor did not participate in privatization due to refusal. If privatization is refused, the right to lifelong residence in the apartment is retained.
The baby owns a share of the apartment. The homeowner cannot be evicted against his will.
The court will find that the plaintiff has selfish motives in the matter of evicting the child.

The list of reasons why the court may refuse is not exhaustive. However, in these cases there is no point in going to court - the decision will not be in favor of the plaintiff. The owner has a real chance of a positive outcome if:

The child lives with one of the parents for a long time.
The minor's representative does not pay for utility bills.
The child had not previously lived at his place of registration, but was only “registered.”
The owner is not the child's parent. And the parents themselves live in another house.
The child was adopted.

EXTRACT BY COURT DECISION

After the court decision is made, if it was in favor of the plaintiff, the minor child must be discharged from the apartment. From the moment the court makes its decision, 30 days must pass - the period for the document to come into force. If there is no dispute, the owner or tenant under a social tenancy agreement must contact the FMS office in a convenient way. The Registrar will need to submit:

statement;
passport;
housing papers;
the court's decision;
birth certificate.

Deregistration of a minor will occur within the time period specified by law - up to 3 days.

Nuances and features of the procedure in the case of children

Purchasing a residential property with an area larger than the previous one.
The Board of Trustees will approve such a choice , but only if the value of the child’s share does not decrease. When buying a small home, you will have to register a large part of it, including a smaller number of family members.
Respect for the interests of the minor . Living conditions in new housing should be no worse than previous ones.
Opening a bank account . If, after the sale of the former apartment, it is not possible to immediately buy a new home, an amount equal to the value of the previously owned share should be deposited into the child’s account.
Change of educational institution . When purchasing a new home, the family often moves to at least another area of the city. This entails a change of school or kindergarten. For this reason, the board of guardians always asks the child what he thinks about this.
Illegal discharge . If for some reason it was possible to discharge a minor without the consent of the board of trustees, then in court it is possible to freely restore his registration.
A child who has reached the age of fourteen can be discharged only at his own request and makes decisions independently .

Important! When a minor is deregistered, the law is always on his side. By observing all the rules and requirements of the current legislation of the Russian Federation, without infringing on the interests of the child, it will still be possible to safely discharge the child.

It will also be useful to familiarize yourself with the following information:

How can a minor child be discharged from an apartment and what is needed to register him or her in another place?
How to discharge a minor child from a municipal apartment?