How to exchange an apartment with a minor child

Sale of a privatized apartment with minor children

a statement from both parents about the upcoming transaction;

written consent of children over fourteen years of age;

personal accounts, extract from the house register in the originals, birth certificates of children, original - demonstrate, copy - hand in;
a certificate of ownership in the name of the children or other documents confirming their property rights to housing;
documents on the assessment of the apartment from the BTI, cadastral plan;
a document on a valid reason for the absence of the second parent, if only one of them applies;
document from the tax office confirming payment of all property taxes.

How to sell an apartment if a minor child is registered in it?

The sale of an apartment in which a minor child is registered who does not have property rights gives rise to many rumors and conjectures. As a result, other owners do not even allow the thought of such a transaction. Meanwhile, it is quite possible if you comply with all the requirements established by law in relation to this procedure.

Is it possible to sell an apartment in which a minor child is registered?

In order to complete a purchase and sale transaction with real estate in which a child is registered, it is necessary to discharge him and register him in another apartment. To do this, the following requirements must be met:

A child under 14 years of age is removed and registered with his mother or father;
Registration at a new address is required no later than 2 days from the date of discharge;
If the child is the owner, then for the OOP the new place of registration cannot be worse than the previous one, namely:

the area should not be smaller than the previous apartment;
location relative to an educational institution (school or kindergarten);
accommodations;
technical equipment;
compliance of sanitary standards approved by law;
other circumstances taken into account in the interests of the child.

Article 20 of the Civil Code of the Russian Federation establishes that the place of registration of children under 14 years of age is the place of permanent registration of their parents, adoptive parents or guardians. If the child is between 14 and 18 years old, it is acceptable that he is registered at a different address, with one of his relatives.

In fact, a child under 18 years of age who does not have ownership rights to this housing, but is registered in it, does not take part in the purchase and sale transaction. In the contract according to Art. 292 of the Civil Code of the Russian Federation states that the seller undertakes to deregister those who are in the apartment - including a child.

Sometimes the seller is physically unable to re-register the minor earlier, since the apartment being sold is the only place of residence. Thus, it is necessary to construct an alternative sale and purchase transaction: the former owner immediately sells one and buys a new apartment with the subsequent registration of children in it.

How to find out whether a child is registered in an apartment or is the owner?

Does the registered child have ownership rights to this property?

This fact can only be verified by an extract from the Unified State Register of Real Estate, which can be obtained at the territorial offices of Rosreestr or at the MFC.

Do you need permission from the guardianship authorities when selling an apartment where a child is registered?

Will you need permission from the guardianship and trusteeship authorities to sell an apartment where a child under 18 years of age is registered?

The presence or absence of a child’s share of ownership of a particular apartment is a key circumstance influencing the need to obtain permission from the guardianship authorities.

If the child is not the owner, the interests in the property do not suffer during the sale, therefore, an appeal to the PLO is not required.
When the apartment being disposed of belongs to a minor, permission to sell is required from the guardianship authorities.
If an orphan child under guardianship is registered, but is not one of the owners, then permission from the Public Organization is also needed in accordance with clause 4 of Art. 292 of the Civil Code of the Russian Federation.

Before the PLO issues a permit, you need to make a certificate informing who is registered in the apartment - it is issued by the Department of Internal Affairs of the Ministry of Internal Affairs. The following must be provided:

representative's passport.
birth certificate.
document confirming ownership of the apartment.

Then parents with a child over 14 years old are sent to the OOP, providing the following documents:

statement;
original birth certificate;
extract from the Unified State Register of Real Estate;
purchase and sale/donation agreement;
certificate of no debt.

Parents also provide the PLO with information that the new conditions in which the child will live will not differ from the previous ones for the worse. The exception is the case when a minor is under guardianship or trusteeship.

Registered minor

A married couple who owns an apartment also divides the common property during a divorce. The division is carried out by a court decision, but if there is no such decision, after three years, when the statute of limitations expires.

If the apartment is privatized for one of the spouses, but the privatization process itself was carried out after the marriage was registered, it will be considered common property.

In this case, the housing belongs to the division.
If privatization was carried out by one of the spouses before marriage, the housing will belong only to him.
And in this case there is no need to divide. One more nuance. A spouse could receive real estate before marriage, but privatize it in the name of the spouse.

In this case, the apartment will also be shared. As you can see, there are many questions on this topic that even those who are not planning a divorce need to familiarize themselves with.

In what cases is property not divided by court? If a marriage contract is drawn up, which stipulates all the conditions for divorce and division of property, and also if the owner agrees to the exchange.

A minor child may be registered in the apartment of divorced spouses preparing to exchange housing. And this will become an obstacle to completing the transaction; it is better to register the child at a different address before making the exchange. The guardianship authorities may not agree to the eviction of the child or his discharge, even if there is an alternative option for relocation.

How the exchange of municipal apartments with minor children will take place is decided by the local authorities. She must be responsible for the fate of the children and must provide them with comfortable and spacious living space upon resettlement, which is not inferior in terms of amenities to the previous one. Permanent residence and permanent registration should be possible in such living space.

Non-privatized apartment

At this time, not all apartments in municipal and state ownership have been privatized; many families still live in them under a social tenancy agreement. In such cases, resettlement is carried out in agreement with the municipality or government authorities, depending on who owns the property.
Residents submit an application to the municipality to exchange an apartment if it is not privatized and does not belong to them as property. The application should indicate the reasons why citizens want to leave the municipal apartment.
The commission considers the application within a month, then sends a response to the applicant with its decision. It is compiled according to a standard template. The response received must indicate how to exchange a municipal apartment between relatives, the procedure for the persons involved in the exchange process.

The local government executive committee may initiate the resettlement of residents if there are compelling reasons for this. At the same time, he must first notify the citizens living in the apartment about the upcoming resettlement. It is important that in this case the property rights of the tenants are not infringed.

If a violation of rights does occur, residents have the right to complain to local authorities in court. Citizens also have the right to go to court if they receive an unlawful refusal to their application regarding resettlement.

How can you change an apartment in any situation?

The question of how to exchange an apartment is of interest to those who want to perform two operations at once through one transaction: sell and buy real estate. The algorithm of actions depends on the type of apartment ownership, the status of its residents and other features.

Privatized

Privatization of housing presupposes the ability to dispose of it at your own discretion, including selling or exchanging it. Therefore, such an operation will be impossible only in one case, if the property has several owners and one of them does not agree to the transaction.

There are two ways to exchange:

classic (straight);
alternative.

In the first case, one apartment owner offers it in exchange for two others of lesser value. This saves time and reduces the number of required documents. It turns out that there is a simultaneous move from one home to another.

In the second case, the owner of the property puts it up for sale, simultaneously starting to look for an option to purchase new ones. This method involves the participation of real estate agencies that have a large client base. Alternative exchange is the most common way to conduct a transaction and is used when the seller wants to improve his living conditions.

When exchanging privatized real estate, the parties enter into an exchange agreement , in which, if necessary, they prescribe a condition for additional payment. A necessary condition for the transaction is the consent of all owners of the living space, drawn up in writing and certified by a notary.

Non-privatized

Such a transaction is possible only if the exchange is carried out with the same property (located in municipal or state ownership). This is connected not only with the legal features of the situation.

The law establishes the possibility of transactions only between real estate objects of the same form of ownership.

It is quite difficult to find a person who wants to exchange their own home for an apartment that can only be used, without the right to make real estate transactions. If such a willing person is found, to carry out the exchange transaction you need to prepare:

written consent of all persons registered in the living space, certified by a notary;
permission from the property owner (municipality or other government body);
social rental agreement (if there is only a warrant, you must contact the housing department of the municipality to obtain an agreement);
a certificate from the Housing Office about registered residents;
certificate of absence of debts for utilities.

The final list of documents depends on the specific region.

The exchange agreement is drawn up with the participation of the legal owner of the property (the municipality), the tenant of the apartment and the buyer.

Municipal

In addition to the difficulties of finding someone willing to accept such an exchange, a deal with a municipal apartment has a number of other obstacles:

disagreement to the transaction of registered residents;
unsuitability of the living space (needs major repairs with eviction of residents or is in line for demolition);
Among the residents there is a seriously ill person who is physically unable to leave the apartment, even if he signed consent to the transaction (although clause 4 of Article 51 of the RF Housing Code establishes the obligation of the municipality to provide residents with another apartment or evict the patient for compulsory treatment if his condition is life-threatening and the health of other residents);
presence of utility debts;
there are legal claims to the property from third parties.

Thus, it is possible to exchange municipal housing, but this is associated with a number of difficulties.

Mortgage

The first thing to consider in this case is that any transactions with real estate are possible only with the consent of the bank, which is its legal owner until the debt is paid. Therefore, you need to start preparing for the exchange by obtaining permission from the bank for the transaction.

The procedure can be carried out in different ways:

With the conclusion of a transaction based on an agreement on exchange and subsequent replacement of collateral. This option is appropriate when we are talking about two apartments that have approximately the same cost. It is easiest to obtain the bank's consent if both properties are located in the same locality. If the borrower wants to move to another city, it is necessary to take into account the presence of a bank branch there.

Another way to increase your chances of receiving bank approval is to buy a more expensive apartment without increasing your credit debt. Under this option, the bank receives a more expensive collateral, which is quite profitable for it.

If an exchange for cheaper housing is intended, consent can be obtained if most of the debt is repaid.

With the signing of two sales contracts: the sale of a mortgaged property and the purchase of another. If a potential buyer does not have enough money to purchase a new apartment, the bank may agree to replace the borrower. As a result, the seller can only count on the difference between the price of the home and the balance of the debt.
Using a short-term loan without collateral. In this case, the borrower takes out a consumer loan, with which he pays off the mortgage and removes the encumbrance from the apartment. This allows you to significantly expand the circle of potential buyers. This option is beneficial if the payment for the property will allow you to pay off the new loan, because the interest on a consumer loan will be much higher than on a mortgage loan.

The main condition for the smooth exchange of real estate is the consent of all owners. It is important to take into account that if one of the owners does not want to change living space, even the court does not have the right to force him to do so. However, the law provides for circumstances when the exchange of one apartment for two others is carried out in court. These include:

impossibility of further cohabitation (for example, in case of divorce);
unacceptable behavior of one of the residents;
the impossibility of reaching an agreement peacefully.

It is important to take into account that in order to go to court, you must have not only compelling reasons, but also solid evidence of your position: witness testimony, medical reports, photo/audio materials, etc.

If one of the residents is a citizen who has not reached the age of majority, the consent of the guardianship authorities is required for the exchange. It is important for the buyer of an apartment to check especially carefully whether the child has been discharged before executing the transaction, because it will be difficult to deprive him of the right to reside through the court. This is only possible if it is proven that:

he does not live in the living space for a long time (more than a year);
his parents do not contribute to paying utility bills;
the child has the opportunity to register in another place (at the place of residence of the parents).

The interests of minor citizens are respected by law in the first place. Therefore, the guardianship authorities will give consent to the transaction only on the condition that it does not entail a deterioration in the child’s living conditions.

Required documents

To make the exchange you will need:

owner's personal passport;
passports and birth certificates of all residents;
title document if the apartment is privatized;
social rental agreement, if the living space is municipal;
written consent of each tenant, certified by a notary;
extract from the house register;
on the right about the absence of debts for utilities;
consent of the guardianship and trusteeship authorities if a minor lives in the apartment.

Thus, exchanging an apartment is a good option if its owners no longer want to live together. But in order for the transaction to be successful, it is important to take into account many points on which the speed of resolving the housing issue also depends.