If a minor child is registered in the apartment but not the owner. uristtop.ru

Children's place of residence

All citizens under 18 years of age are considered children. Crossing this age limit symbolizes the transition to adulthood. The concept of adulthood is by no means just a term. The child, although he has extensive rights, cannot fully realize them on his own. This is due to limited legal capacity, which is caused by age. Partial independence in choosing actions occurs when children reach 14 years of age. At this age, citizens of the Russian Federation receive a passport, which gives them certain powers and removes some restrictions on their legal capacity.

Speaking about the place of residence of children, two stages should be distinguished:

From birth until age 14.
From 14 years to 18 years of age.

Residence issues are regulated differently in each case. To determine the place of residence in each period, it is necessary to refer to the norms of the Civil and Family Code.

How to discharge a child

To conclude a deal, it is necessary to discharge the child from the apartment. To change the place of registration of a minor, you need to go to the passport office and submit the appropriate application there. At the same time, Article 20 of the Civil Code of the Russian Federation explains:

up to 14 years of age, the child’s place of residence must coincide with the registration of his legal representatives: parents or guardians;
from 14 to 18 years of age, a minor can live in another place; the passport office is required to register him at the place of actual residence.

So, what do you need to change your registration?

First of all, you need to prepare a suitable address where the minor will be registered. For children under 14 years of age, only the place where the legal guardian resides is suitable. This means that one of the parents will have to change their registration along with the child. If the child is already 14 years old, he can be registered with his grandparents or other relatives.
Then you need to come to the passport office and apply for registration in a new location. You need to have with you the child’s birth certificate, passports of both parents, as well as a certificate of ownership. If the owner of the new home is another person, then he must also come to the passport office with his passport.
After submitting the application, all that remains is to wait for the change of registration to be carried out. In this case, registration from the previous place of residence will be canceled automatically, so it is not necessary to pre-register the child.

Ownership share in the apartment for adult children

1 Exception to the rule
2 Nuances of legal consequences
3 Housing after a mortgage
4 Encumbrance with maternity capital
5

According to Russian legislation, in particular in accordance with Article 21 of the Civil Code, citizens in Russia are considered adults upon reaching the full age of eighteen. Until this time, a person is not fully capable, which means he does not have the right to independently perform a number of actions and cannot participate in transactions on his own initiative. For example, after reaching the age of majority, citizens have the right to drive vehicles, enter into an official marriage, can hold public office, take part in elections, and also make transactions with real estate, which they own.

Up to 14 years old

Children under 14 years of age are considered completely incompetent. In Article 21 of the Civil Code of the Russian Federation, the concept of legal capacity is deciphered as the ability of a person to independently make decisions, implement them and bear full responsibility for them. In accordance with this, the child cannot decide where to live; adults answer these questions for him. The fate of minors is held in their hands by parents, and in their absence, guardians or adoptive parents. They are the ones who choose the place of residence and register the child.

Article 20 of the Civil Code of the Russian Federation regulates that minor children under the age of 14 years can live, and accordingly be registered, only in the same place as their parents. If mom and dad live separately from each other, then the issue is resolved by agreement between adults or in court.

After 14 years

Upon reaching the age of 14, the child is issued a passport, in addition, partial legal capacity is established. It affects the ability to:

Make decisions on transactions.
Manage your income.

Please note that any action must be agreed with and approved by parents or guardians. In fact, a teenager can express his opinion and justify it, but he is still unable to take this or that action on his own.

It is from the age of 14 that a minor can be registered separately from his parents. He will not be able to check out of one place and register for another on his own, and the selection process itself remains up to the parents.

When submitting an application to the territorial center of the Ministry of Internal Affairs, a teenager must obtain the consent of both parents to perform the action.

Under guardianship

Guardians of minors are given a range of responsibilities in relation to children, but at the same time, parents, if they are alive, must also provide for their children financially. Registration of children under guardianship can be done in several ways:

If a child has a legal right to the property of his parents, and he is registered there at his place of residence, then the guardians can register him with them temporarily or register him on a permanent basis. In both cases, the child’s rights to the apartment are preserved.
If adults deprived of parental rights do not have property, the minor receives registration from the guardians, but property rights are regulated in a special way.

Guardians provide only temporary care for the child until he reaches adulthood. However, children raised in foster families, by law, must be registered at their location, which means they must have at least temporary registration at this address.

All about forced eviction of children

If the owner has a desire to forcibly evict citizens with a baby, he must act on the basis of a lease agreement, which must stipulate:

the period (from and to) allotted for permitting temporary residence of citizens. If there is no such framework, then the contract can only be annulled through legal proceedings;
indicates the presence or absence of tenants’ own housing: apartments, houses, dorm rooms. If it turns out that you do not have your own housing, then it is impossible to forcibly revoke the temporary registration of tenants with a child; in any case, the court may postpone this issue until the problem of purchasing or renting another premises is resolved.

Also, if a baby is born to people living in the apartment during the term of the contract, the consent of the owner of the property will not even be necessary for the temporary registration of the newborn.

Even more difficulties arise with the forced eviction of disabled children. It is possible to evict them only through the court and if the minor has another living space. In other cases, it is impossible to discharge him from the apartment. Even if a disabled child has another living space, compelling reasons are needed to evict him. Each case is considered individually in court.

This is interesting: Temporary registration of a child for kindergarten: is registration required, placement on a waiting list, documents

In any case, what is dangerous about the temporary registration of children for the owner of the apartment is that it brings with it quite a few problems during early discharge. Before agreeing to an offer to rent out personal housing for a long time and register temporary tenants, it is better to first protect yourself and find out what the consequences of temporary registration of people with children are.

Place of residence after parents' divorce

The ideal situation for both the state and people is considered to be conditions in which the family is complete, and the parents live together in marriage and raise their children. But unfortunately, unions break up extremely often, divorce statistics are alarming and continue to have a tendency to constantly increase indicators. When a family breaks up, all its members suffer to one degree or another, but this most acutely affects children, especially in cases where both parents conscientiously fulfilled their duties. The desire to raise minors continues to be expressed not only by mothers; today there are many examples when it is fathers who take custody and raise children. But each case is unique and requires an individual approach.

In case of divorce, the place of residence of children is determined based on the following indicators:

The wishes of the parents and the presence of voluntary consent between them.
Children's opinions are taken into account in any case, but are accepted as an official statement starting from the age of 10.

If the former spouses cannot resolve this issue on their own, they go to court. When making a decision, this authority is guided by the best conditions that one or another party can provide for their children.

Is it possible to register a child in an apartment where parents are not registered for school?

It often happens that immediate relatives live in the area where, for example, a prestigious educational institution is located, and are admitted to it only if they have local registration.

How can one proceed in this case so that the child can receive special education not at his place of permanent residence?

Since enrollment in school starts at the age of 7, without registering the mother or father at a specific address, even documents will not be accepted for registration.

Alternatively, you can contact a relative and ask him to apply for a temporary registration, and on this basis, temporarily register the child together with one of the parents. Even a temporary registration mark gives the right to study at the place of residence.

For the owner of the premises, the fact of registration on a temporary basis does not carry any risks - temporary residents will not have any ownership rights, they will only be able to use the premises.

But in fact, they will be able to live at their actual location, that is, at home.

To register, you must obtain the approval of all owners, and together with them, register in accordance with all the rules.

Registration in a municipal apartment

The simplest option is the situation when one of the parents or both spouses live in such premises and are registered there. When children are born, their registration is carried out upon the application of any parent. In this case, there is no need to ask the consent of other registered residents or ask for permission to register from local authorities. If parents have received the right to live in municipal housing while already having children, then minors are registered there on the basis of mandatory residence with mom and dad.

It is possible to register a child in a municipal apartment separately from his parents. It occurs after the teenager turns 14 years old. But it should be borne in mind that he can become a tenant in municipal premises only if his other relatives are registered there, for example, a grandmother, or with the permission of the municipality.

How to sell an apartment with a minor owner or a registered child

Statements from each parent about the transaction being made;
Consent of children in writing if they have reached 14 years of age;
Personal accounts, extracts from house books in originals, certificates confirming the birth of children must be presented in originals, with copies of them provided;
Certificates confirming ownership, issued in the name of children or other documents that confirm that they have property rights to the living space;
Housing assessment documents taken from the BTI, cadastral plan;
Documents confirming the validity of the reason for the absence of one of the parents, if the application is made from only one;
Documents issued by the tax office regarding payment of tax payments on the property. They may also request certificates of absence of debts;
Technical passport;
Home purchase agreements.

Also read: Who issues family composition certificates?

To live, but not to own. adult children lost their right to housing

According to the law, there are two exceptions when a citizen can be considered an adult and independent from the age of sixteen:

State registration of official marriage - the board of trustees may allow this for some good reasons (they are determined by local governments in each region, but most often we are talking about the pregnancy of the future spouse,
Complete financial independence from parents and guardians - when a minor registers himself as a private entrepreneur with their consent or is employed under a contract.

Thus, adulthood does not occur at eighteen for everyone. For some it is at sixteen, for others at seventeen.

However, any shared property upon reaching the age of majority passes to their full disposal as citizens.

Procedure for selling an apartment with minor children

Despite the fact that before reaching adulthood, children are prohibited from doing many things - using loans, driving vehicles, visiting certain places, the law allows them to be full-fledged homeowners, and in this matter age does not matter.

the family moves abroad for permanent residence, and to achieve this goal it is necessary to sell real estate in Russia;

the family moves for permanent residence to another city or region of Russia with the pre-sale of the apartment, and the proceeds from the transaction are transferred to the child’s account;

the desired apartment is under construction - in this case, the minor registered at the old place must be registered in the intermediate version.

Property rights of a child under family law

It is believed (and, by the way, quite reasonably) that only in this case can the protection of the rights of the child be fully ensured. Among all the property available to spouses at the time of divorce, there is usually both that which belonged to each of them before marriage, and that which was acquired during family life. According to the current edition of the Family Code of the Russian Federation, only that which is joint is subject to division. In this case, it is divided in half, unless otherwise established by a special agreement of the spouses.

The child’s rights to the father’s apartment and living in it after divorce

privatization took place with the participation of the wife. The share belonging to the wife upon privatization passes to her. Often this is half the apartment;
she invested her own funds in repairs, the purchase of furniture and household appliances - all this will go to her when the property is divided. For confirmation, the court must provide checks and receipts of payment.

We recommend reading: A fictitious marriage is a marriage

The situation is different with non-privatized housing. Such real estate is not family property. A spouse cannot dispose of non-privatized property: sell, divide, or register his child or spouse after a divorce. This rule is also observed if the mother does not live in the apartment for some time, and the husband is the sole tenant. The child has no rights to real estate, since he is registered on the territory of a non-privatized living space.

Share of an adult child in the parental apartment

How to register your adult children for shared ownership Among the wife's close relatives: the mother is a pensioner, the husband has a brother (no family) read answers (2) Tags: Death of a husband Death of a wife Inherited apartment How can a husband register shares of an apartment for 2 children not adults and me (wife) as property? It is advisable to spend less moneyread answers (1) Tags: We own an apartment of 5 shares, sq. 62, sq/m, the shareholders are two adults, my children, in total I get 3 shares with my children, there are 3 shares in the apartment answers (1) Tags: Sale apartments Shares in kind 3-room apartment in shared ownership of 1/4 shares, adult children are married.

Property division

The husband and wife divorced. I own 2/3 of the house, I was denied registration of 2 adult children on my property, since the shares were not allocated, they said that the consent of all share owners is needed, they agree to give me permission for this, but the situation is complicated by the fact that one of them has the right to inheritance under a will, but did not exercise this right, i.e. did not receive a Certificate of ownership, and the second must first enter into inheritance rights through the court, and then, by a court decision, receive a Certificate of ownership, both shareholders agree to renounce their shares in my favor, but we were told that this is possible only after they have registered self-ownership. This will take a lot of time, effort and money, but for now my children are forced to live under temporary registration. Pravoved.RU 392 lawyers are now on the site Consult with a lawyer online 392 lawyers are ready to answer now Reply in 15 minutes

My name is Olga, I have been registered in my parents’ apartment since I was 15 years old, I now have a 4-year-old child, my mother’s roommate is not registered there, how legal are their actions to kick me out of there, my child also goes to kindergarten at the place of registration. I don't have my own home. Collapse Victoria Dymova Support employee Pravoved.ru Hello! Similar questions have already been considered, try looking here: Answers from lawyers (1) Olga - what is the status of your parents’ apartment? Is it owned or socially hired? Depending on the answer, options are possible.. All legal services in Moscow Drawing up a claim for the procedure for using an apartment Moscow from 4,000 rubles. Determining the procedure for using an apartment in Moscow from 30,000 rubles.

Basic rights of the child

Having registration in a municipal apartment gives the child special privileges. In addition, he retains basic constitutional rights, such as:

Providing food.
Education.
Health protection.
Medical service.
Recreation and entertainment.
A full standard of living.
Freedom of thought.
Protecting your interests.

Among other things, children also have property rights. Article No. 69 of the Housing Code indicates that minors who live in premises under a social tenancy agreement have the same rights as adults and are the owners of this property. If parents voluntarily leave such an apartment with their children and register at a different address, then their rights will not be considered violated. But if other residents or the municipality itself want to terminate the rental agreement with minors, they will not be successful, because both the court and guardianship will, first of all, look after the interests of the children.

Rights of a temporarily registered child

Many people have a question related to the need to register strangers in their home, especially a mother and child. What are the consequences of registering them in an apartment for the owner? From the moment of concluding a residence agreement with strangers, they have the right to: live in the given territory and use public services, go to kindergarten or school at their place of residence, and receive social benefits. For adults, the right to find employment close to home is added, which is of great importance in densely populated areas. However, as soon as the registration period for either the baby or his parents expires, all these rights can be revoked.

This is interesting: How can you register a child at the place of registration of the mother

The right to privatize housing

A minor child registered in a municipal apartment has the right to take part in the privatization process open to this premises. The very fact of having a registration already puts the child on the list of privatizing persons. Although he will not lose this right after he reaches 18 years of age, the main condition is that he must be registered on the premises.

To carry out privatization, the consent of all residents is required; for minors, the agreement is signed by the parent. The child himself does not have any responsibilities for paperwork, but immediately after privatization he has his own share in the property. It can be disposed of after 18 years of age or earlier if permission is given by parents and guardianship authorities. A minor cannot be excluded from co-ownership; his rights are priority and equal in strength to adult residents of a municipal apartment.

How to obtain permission from the guardianship council

Discharging children is only half the battle. It is much more difficult to obtain permission from the guardianship authorities. It is usually required if the child has ownership rights to the housing, but sometimes it is required even if the minor is simply registered in the apartment.

To issue a sales permit, the Board of Trustees requests the following documents:

a statement signed by both parents, which will explain the need for the move and provide a commitment to provide the child with equivalent or improved living conditions;
an extract from the house register at the location of the apartment being sold;
child's birth certificate;
certificate of ownership of the apartment;
cadastral plan of the property being sold;
certificate of the cost of the apartment from the technical inventory bureau;
certificate of absence of debts on the apartment;
if the child is already 14 years old, his written consent will be required;
if the second parent for some reason cannot sign the application, you must provide justification for this (for example, a death certificate).

Sometimes guardianship authorities may ask for additional documents at their discretion. It will also be a plus if you can provide an agreement on the purchase of a new home or at least on the intention to purchase.

The process of issuing a sales permit takes two weeks. After the permit is issued, the purchase and sale transaction will be considered legal. The last question remains: who should sign the agreement?

Until the age of 14, a child is considered completely incompetent; his legal representatives act on his behalf. They will sign the purchase and sale agreement.
From 14 to 18 years of age, a child already receives the right to participate in real estate transactions and can sign his own signature. However, it is considered valid only if the guardianship authorities have issued permission to complete the transaction.

Registration in a privatized apartment

Ownership of property and registration of residential premises are completely different concepts. One does not follow from the other as a mandatory measure. A citizen who has not reached the age of majority can be registered in a privatized apartment under two conditions:

As a relative of the owner, for example, a son or daughter.
As an outsider.

When discussing the issue of registering minors in privatized property, we should not forget who exactly is the owner of the premises. According to the law of the Russian Federation, you can register in any living space, provided that the owner himself is not against such actions. A special feature of privatized apartments is the fact that there is no need to seek permission from other residents or local authorities. This applies not only to children, but also to adults. If the owner has decided to register parents with their offspring, then no one has the right to prevent him.

What rights does a child registered in an apartment have, but not the owner?

Children, like adults, are endowed with various powers in relation to residential premises, which often raises the question: if a child is registered in an apartment, does he have ownership rights? The legislative framework of the state contains many norms that ensure the protection of the interests of minors, including in the housing sector.

Social contract Renting makes it possible for citizens living in premises that are part of the municipality or state fund to obtain ownership of this property. Until 1994, parents could privatize housing, excluding minors from the process. This situation led to the fact that those who had reached the age of 18 began to apply to the relevant authorities demanding the restoration of their violated rights. This had a particularly negative impact on citizens who bought disputed houses or apartments, since the court clearly sides with the plaintiffs in this matter. At present, it is impossible to bypass the interests of the child.

May 13, 2020 glavurist 146

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Child's share in the apartment in case of divorce

In order to sell a non-privatized apartment, it should be privatized and included in the number of owners of the child.

In general, you can register a share for a minor when registering privatization or when purchasing an apartment. If the property has already been acquired and privatized, the allocation of a share to the child can be formalized as a gift. A social tenancy agreement creates a kind of “illusion” of the emergence of rights of use, so the court or prosecutor may also regard this as an infringement of the rights of the child.

Child's rights to housing

A minor registered in a privatized apartment has the right to use the property on an equal basis with other family members. Otherwise, his privileges are determined by a combination of available factors:

If a person who has not reached the age of majority is registered in the apartment of his parents, but does not have ownership rights, then he will be able to claim the property only after their death, as an heir.
Registration in the apartment of an owner who is not the father or mother of the offspring; there can be no property claims on the part of the minor tenant.

The owner of the living space has the right to insist on the discharge of adults along with their children at any time, provided that he is not the parent of the latter. Former spouses after a divorce can initiate deregistration of the other half. In this case, the child is discharged only if the ex-wife or husband provides him with another place of residence.

Can he claim a share?

Despite the extensive protection of the rights of minors, legislative norms in property matters are still far from perfect. When dividing property between spouses, children are often not taken into account and shares are not allocated to them.

A child who has not reached the age of majority will be able to receive a legal share in the apartment only if:

He participated in privatization.
Provides inheritance rights after the death of one of the parents.

In other cases, it is quite difficult to obtain some part of housing while being of incapacitated age.

Does the registered child have a share in the apartment?

Advice from lawyers:

1. Does a child have the right to a share in his father’s apartment if he is registered in it? During a divorce.

1.1. No, children do not have ownership rights to their parents' property.

Did the answer help you?YesNo

1.2. It only does if the share is privatized.

Did the answer help you?YesNo

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2. Is it possible to register a child in an apartment where I am registered, but do not have a share?

2.1. If your child is a minor, then you can.

Did the answer help you?YesNo

2.2. Tell me how old is the child? If you were just born, you don’t need to ask anyone, they will register you, and if the child already has a registration, then only with the written consent of the owners.

Did the answer help you?YesNo

2.3. You can if you are a mother and the child is under 18 years of age. But with the consent of the owners of the premises.

Did the answer help you?YesNo

3. Is it possible to sell a privatized apartment in which a child is registered and has a share.

3.1. Hello. Yes, this is possible, but only with the consent of the guardianship authorities and provided that you purchase residential premises of no less square meters.

Did the answer help you?YesNo

3.2. Hello! If a minor child has a share, then the apartment can be sold only with the permission of the guardianship and trusteeship authority.

Did the answer help you?YesNo

3.3. — Hello, without the consent of the guardianship and trusteeship authority. Don't sell. Good luck to you and all the best, with respect, lawyer Legostaeva A.V. :sm_ax:

Did the answer help you?YesNo

3.4. Hello. Yes, it is possible to sell an apartment. But it is possible to sell the share of a minor child only with the permission of the guardianship and trusteeship authority.

Did the answer help you?YesNo

4. I am writing on behalf of my daughter. I bought an apartment with the help of a mortgage, even before I met my future husband and had children. The husband is not registered in the apartment. The marriage is registered. Can I pay off a mortgage taken out before the birth of children with maternity capital? After this, will my husband have the right to a share in my apartment?

4.1. You can pay off your mortgage with capital. The husband will have the right to a share in this apartment if an application for disposal of mat capital funds is submitted during marriage.

Did the answer help you?YesNo

4.2. According to current legislation, mat capital is issued to the mother in the interests of the children. During a divorce, the amount of mat capital is not divided, but jointly acquired property is divided between the former spouses. If the apartment is registered in your name (as your property) before marriage, then the husband has no right to claim a share in this apartment. However, he may demand compensation for the mortgage payments made.

Did the answer help you?YesNo

5. My husband received an apartment with his three brothers according to the will (at that moment I was pregnant with my second child). We took out a loan to pay off our share and get an apartment (we have no other housing). After the birth of the child, we received maternity capital. Is it possible to pay off part of the loan with maternity capital? Then register the child in this apartment. At the moment, the child is registered in another apartment, where 6 more people are registered (56 sq. m.)

5.1. You can use mat capital if you have a mortgage. A parent has the right to register a child without the consent of the owners if he is registered in the housing.

Did the answer help you?YesNo

6. Is it possible to respond? There are 3 owners in a 2-room apartment, me, my minor daughter, a stranger, his share in kind is not allocated, the accounts are divided, does this man have the right to bring and place his furniture in the middle of the room, he is registered in the apartment, but does not live, duplicate key he received through the court what should we do, besides me, 4 children and a spouse are registered here, he does not agree to buy out the share at the market price, he wants more..., thank you for your understanding and answer.

6.1. Go to court with a claim to recognize the share as insignificant and buy it from him by court decision!

Did the answer help you?YesNo

7. Children are registered and have shares in an apartment in the city. He wants to buy a house in the village with maternity capital for his children’s holidays, and not live there permanently. Is this possible by law? If so, do I need to register there?

7.1. Hello, if the house is suitable for permanent residence, the PF will allocate money to you, if not, then alas.

Did the answer help you?YesNo

7.2. This is not prohibited by law.

Did the answer help you?YesNo

8. My wife and I are divorced, the apartment is shared ownership, the wife has no rights to the apartment and is not registered in it, we have a common child who is permanently registered in my area, can my wife sue part of my share in favor of the child or not, thank you .

8.1. Alexander, if you indicate whose shared ownership the apartment is, when it was purchased, how much time has passed since the divorce, then your question can be answered. So far you have given little information.

Did the answer help you?YesNo

8.2. Alexander, your wife has the right to file a claim against you in court, but there is no chance of the claim being satisfied

, from the word
absolutely
!

Did the answer help you?YesNo

8.3. You yourself write: the wife has no rights to the apartment and is not registered in it, which means she has no rights to a share in the apartment. The child has no rights to the parents’ property and vice versa, and therefore she cannot sue the child for the apartment.

Did the answer help you?YesNo

9. The child is registered at the father’s place of residence. The child's father and I are divorced. Now my father wants to sell the apartment. He asks me to register the child (12 years old) with me. At the time of the divorce, the apartment was not privatized. Now I don’t know, it won’t sell without privatization... The question is whether my child has any share in this apartment. Thank you in advance.

9.1. Good afternoon, yes, everyone who is registered in the apartment has a share in the privatization.

Did the answer help you?YesNo

9.2. If you don't take it off

with the registration of a minor,
he will have the right to participate in the privatization of this apartment
. So don’t deprive your child of this right!

Did the answer help you?YesNo

9.3. He has no share. It is impossible to privatize without his participation. There is nothing to sell yet. He wants to take him off the register, because he knows that even in court it won’t work, since the child is also on social services. This is going to your ears... don’t agree. You can only agree to privatization for two, 1/2 share and sale, 1/2 money into the account and buy some housing for your child..

Did the answer help you?YesNo

10. In the matter of selling an apartment purchased on a mat. capital. I want to sell a one-room apartment of 32 sq. m. m. lobes in two children aged 5 and 17 years. The children also own shares in a two-room apartment. I also own a three-room apartment. No one is registered there. Can I allocate shares in it to children when selling a one-room apartment?

10.1. If it is equivalent in price and size or increases. Make a donation.

Did the answer help you?YesNo

11. Is it possible for a parent to leave the apartment and leave the child registered with the grandmother, without a single parent. The child is not the owner of the apartment and does not have a share in this apartment. The owner of the apartment is a grandmother. I really need to be discharged, but there is currently nowhere to permanently register the child.

11.1. Hello! Of course you can, the law does not prohibit this in any way. This is your legal right, guaranteed by the law on freedom of movement of citizens of the Russian Federation.

Did the answer help you?YesNo

12. I took out a loan secured by an apartment, the loan amount was 400 thousand for a period of five years, I paid on time for two years, now 4 payments have not been paid, does the bank have the right to take away the apartment if it is the only housing and a minor is registered on my share child? Thank you.

12.1. Hello, Alexandra! Yes, with such a delay, the bank has the right to foreclose on the pledged property.

Did the answer help you?YesNo

12.2. Good afternoon If the apartment is the subject of a mortgage loan, it may be foreclosed on. Regardless of the availability of other housing, registration of a minor. Please note that the loan must be targeted, otherwise foreclosure may be denied. There are many other nuances.

Did the answer help you?YesNo

13. I have a minor daughter of 11 years old, we are registered in the same apartment and we have a share in it.. but we want to move to another city but we leave the share in the old apartment.. how can I register a child in another apartment? What documents are needed? Is guardianship needed in this case? I hope I explained it clearly.

13.1. No permission from the guardianship authority is required. You can immediately register at your new place of residence. You will be removed from the old one automatically (clause 31 of the Decree of the Government of the Russian Federation of July 17, 1995 N 713).

Did the answer help you?YesNo

13.2. Hello Anna! You can register your child in the same place where you register yourself. No guardianship is needed for this.

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14. I will. The wife has a child from a previous marriage. We are planning to take out a mortgage on the apartment, but I want only my husband and I and our common children to have shares. Is it possible to include a clause in the marriage contract, according to which, if neither of us, without the consent of the other, has the right to register additional owners of the share? - correctly this property (mortgage apartment) or any other where both of us (my husband and I) are indicated as the owners.

14.1. Do you mean the right to use the apartment or the right of ownership? In any case, you can write down any of your wishes in the marriage contract, but do not forget that it can be declared invalid.

Did the answer help you?YesNo

15. When my husband and I got married, he had a 1/3 share with his parents in 2 rooms. Sq. Then we had two children. My children and I are registered in this apartment. Do children have rights to this apartment?

15.1. Hello) They have the right of residence while you are married.

Did the answer help you?YesNo

15.2. If you or your children have not been alienated any shares, then there are no shares, ownership rights, as long as there is only the right of residence.

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16. I want to sell the apartment, but we have a minor child who has a 1/5 share of the property. Can I sell the apartment and put 1/5 of the money into his account, while the child is registered in another place and has no connection with the apartment? has only on paper if I buy a share equal to that from the child’s parents, thereby providing him with housing, where is he legally living at this time?

16.1. Resolve the custody issue.

Did the answer help you?YesNo

17. I want to sell the apartment, but we have a minor child who has a 1/5 share of the property. Can I sell the apartment and put 1/5 of the money into his account, while the child is registered in another place and has no relation to the apartment? has only on paper if I buy a share equal to that from the child’s parents, thereby providing him with housing, where is he legally living at this time?

17.1. Evgeny Vladislavovich, yes, this option will do. It is necessary that the child's share in the new housing, where he will be a co-owner, be no less than the square footage of living space. And after that, his parents can apply to the guardianship authorities for permission to complete the transaction, providing evidence - an extract from Rosreestr - that he received ownership of a share in another home.

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18. I want to sell the apartment, but we have a minor child who has a 1/5 share of the property. Can I sell the apartment and put 1/5 of the money into his account, while the child is registered in another place and has no relation to the apartment? is it only on paper?

18.1. You can sell only with the consent of the guardianship authority; they are unlikely to give it; they will require that the child be provided with living quarters on the right of ownership in another place of no less area.

Did the answer help you?YesNo

18.2. Hello. You can sell by contacting the guardianship authorities. They will check whether the child’s living conditions are deteriorating. Because The child is registered and actually lives in another place, so I don’t find any obstacles to refusal.

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18.3. Hello! Money from the sale of an apartment can be deposited into the child’s account in case of moving to another city or country, but only if the approval of the guardianship and trusteeship authorities is received.

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19. There were 6 owners in the apartment, 1 of whom was a disabled child. All owners sold their shares, leaving the share of a disabled child. The father of a disabled child is registered in the apartment and wants to take away the share from the child, arguing that it was he who gave her a share in this apartment. He also sold his share and remained registered in the apartment as a guardian. Now guardianship has been removed from him. Does the family that bought all the shares have the right to write him out of the apartment?

19.1. It is impossible to take someone else's share. You can write it out through the court.

Did the answer help you?YesNo

19.2. Through the court, the former owner is removed from registration. Let the new owners decide with the new guardian or trustee about buying a room for the child in order to be the owners of the entire apartment. The issue also needs to be resolved with the guardianship authority.

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20. Such a question: the husband died, was registered with the child in the apartment, had a 1/3 share in the apartment. After his death, I wanted to register with the other owners in the child’s apartment. To which they answered that this is impossible, since 2 owners are alive and can sign, but 3 are not alive and can only be registered after registration of the share, but they also told me to discharge the child, since he alone cannot be registered as a minor. I would like to know whether this was done legally or not?

20.1. YOU do not have the right to be registered without the consent of all owners. It is not necessary to discharge the child.

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I inherited an apartment from my mother, can I take out a mortgage on this property if my two underage children are registered there and this is the only housing,

The apartment was privatized by my father when I was under age.

The apartment must be inherited (according to the will, and there are no heirs except me)

My husband gave me an apartment, I had to sell this apartment and buy one in another city.

I am the only owner of the apartment. My son is registered with me. He wants to register his wife and child. Will the grandson have a share in the apartment?

The brother registered his wife’s daughter in his apartment, not his child, he did not adopt him. The wife is registered in another apartment.

The ex-wife has a share in the apartment and is expecting a child from her other husband. Can she register the child in this share without my consent?

The child was registered in 2 apartments with his mother. The owner of the apartment is the child's grandmother.

My husband and I are divorced, at the moment he has another family, we have a two-room apartment,

My husband died half a year ago. A car was purchased together. He was registered in his father's apartment.

I am a citizen of Ukraine with a residence permit in the Russian Federation, husband and child (born in 2015)

Do adult children have a share in housing?

Offer your co-owners to buy out your share, Article 165.1., 250 of the Civil Code of the Russian Federation. Look for a buyer and carry out all transactions through a notary.

In order to sell a non-privatized apartment, it should be privatized and included in the number of owners of the child.

In general, you can register a share for a minor when registering privatization or when purchasing an apartment. If the property has already been acquired and privatized, the allocation of a share to the child can be formalized as a gift. When a child is simply registered in an apartment, there is no need to obtain permission from the guardianship authorities, unless the parents or guardians are deprived or limited in parental rights, which can be confirmed by a corresponding certificate from the guardianship and trusteeship authorities. A child discharged from an apartment for sale must be re-registered at the new place of residence.

Purchasing an apartment with a registered minor child (not the owner)

Until the age of 14, while the child is considered a minor, all issues are decided by the parents (guardians) instead. They do this under the tireless supervision of the guardianship authorities.
After 14 years of age, a teenager himself puts the necessary signatures on contracts, but with the permission of his parents (guardians).
In addition, the child must become a participant in the privatization process of the municipal housing in which he lives or is registered. From 1991 to 1994, children were not included in privatization, which gave rise to a lot of controversial situations.

What share do adult children have?

In addition, the representative of the authorities must conduct a conversation with the child’s parents, the child himself, if he has reached the age of 14, and the owner of the apartment being purchased. If parental permission is obtained in writing, a fourteen-year-old child may participate in the transaction on his own behalf.

If the size of the old share in the apartment is 1/3 of the total area, the child should receive a similar amount of property in the new apartment. Its size cannot be reduced.

In addition, the law provides for the obligation of pupils to support their educators - that is, the persons who actually raised and supported the minor child. I have been officially married for 27 years. With Mr. We live together with two adult children in a social rent apartment. I am a responsible tenant. Now the husband has applied to the magistrates' court to dissolve the marriage.

If one of the legal representatives cannot be present in person due to being in another country or city, written consent must be attached to the list of documents. It is certified by a notary.

If a minor child has a specific room in a communal apartment or another apartment, clearly corresponding to the size of the room, and this is indicated in the property documents, it will be easier to sell such a share belonging to the child. A more complex and less profitable option is when the share of the apartment does not correspond to a specific room.

Where the following documents are submitted: deed of gift, document confirming the donor’s ownership of real estate, child’s birth certificate, parents’ passports.

You can sell a child’s share if there is a guarantee that he will receive another property in his name (or an equivalent amount of money), which means that his right to housing will be respected. The sale of a child's property must be confirmed by the consent of the parents (or guardians).

If a minor is registered in the apartment and has a share in the property that needs to be sold, even more restrictions arise. An adult decides for himself how he will live after the sale of his home, but a child, from the point of view of the law, cannot be left without a roof over his head, even with documentation.

According to Russian legislation, in particular in accordance with Article 21 of the Civil Code, citizens in Russia are considered adults upon reaching the full age of eighteen.

Very often, the distribution of shares is fixed in the purchase agreement for the object as a separate clause. Each bank has a ready-made standard form for such a document, so there are usually no difficulties with this.

You can distribute shares in any ratio. You can redistribute it in such a way that everyone has 1/4, or otherwise - the registration authority doesn’t care. How exactly to divide? Most likely it is a gift agreement, but the agreement on the distribution of shares is a slightly different story.

After the divorce, she did not file for division of property, since her daughter lives with him. He says he will be lost without me. He began to drink alcohol heavily. And he drinks himself to the point of delirium tremens.

The action is carried out on the basis of the relevant court decision. All persons who violate the law will be punished. If parents do not want to buy housing with the proceeds from the sale, they must provide the child with a share in any other apartment. This could be a room that belongs to a grandparent.

Based on clause 1 of this article, minors and disabled children of the testator have the right to it.

The legislation of the Russian Federation establishes that minor children have the right to be the owner of an apartment or other housing. Housing can be registered in the name of a child upon purchase or privatization, it can be received as a gift or inherited by him at any age.

His mother can make such a decision only if the adoptive father is a man. If it is a woman, the decision must be made by the father of the minor.

The board of trustees in most cases is based on footage. All other things being equal (isolated apartment, all amenities), in the new apartment you will have to allocate an area no less than that of the child.

For example, selling a child’s share in an apartment that has been privatized into joint ownership is a very difficult procedure. Especially if the other shareholders are against the allocation of shares (it is beneficial for them not to determine the shares and use the entire apartment). And do not buy out the child’s share. The allocated share of the child in the privatized apartment creates an easier option for sale.

It is worth remembering that now all contracts related to shared ownership must be notarized.

We sell children's shares. What can the buyer offer that is so good that the guardianship agrees to the buyer's tempting offer? And the buyers actually offered. They gave triple the price for the children’s shares, and the guardianship agreed.

Features of registration

The legislation defines two types of registration. This is a registration with the owner of the apartment, as well as registration with the right to living space. Whatever option is chosen, the essence of registration will not change.

Its goal is that a person has the right to be in a particular region legally, live in a residential area and use public services. Registration will not affect the right of inheritance, as well as the right to allocate a share. Registration only affects the right of residence.

In other cases, it will not have any significance in matters of property disposal. The owner of the apartment has the right to provide accommodation to other citizens, but this is not lifelong residence, but temporary.

The essence of registration is that a citizen can live in an apartment, but it gives him the right to use only a few benefits.

Notice! He has the right to use certain services:

such a citizen does not need to pay for services from the municipality;
he has the right to put the child on the waiting list for kindergarten and school;
has the right to receive various social benefits;
can officially find a job;
receive medical care according to your area of residence free of charge;
has the right to receive documents at the place of registration.

To summarize the above, we can say that registration makes it easier to live in a region or locality. A citizen does not have the right to reside without registration for more than 3 months. Violation of this requirement will result in prosecution.

It is important to note that only the citizen who is the owner of the property has the right to register interested parties. But they are registered only with the consent of other owners who have the right to this housing.

Registered citizens will have only a few options and will not be able to independently manage their housing. Any owner has the right to prohibit the possibility of registration of third parties in his apartment.

Apartment owners are interested in the question of whether the registered person has the right to the apartment itself, or whether he can only live in it. Persons who are registered in the apartment only live in it, but they do not have the right to make any transactions with property. Only homeowners have full control over the property.

This rule is approved at the legislative level. Only an agreement between the owner and the registered person can change the procedure for this agreement.

But at the same time, the registered persons can later become heirs under the will. The most common option for registration between relatives is the option of granting the right to lifelong residence.

Watch the video. Rights to the apartment of persons who are not owners:

Does a child over 18 years old claim a share in a divorce?

Thus, according to paragraph 2 of this article, after adoption, children are deprived of their rights and responsibilities in relation to their parents.

An exception to clause 2 is the situation when one person (male or female) acts as a foster parent.

High MFO interest can be recalculated, since a high MFO interest (for example, 2% per day) is subject to accrual only for the loan repayment period (for example, 1 month), and for the rest of the period the weighted average interest rate on the loan for individuals is subject to accrual. persons (about 20% per annum). In this way, the amount of debt can be reduced very significantly.

Thus, adulthood does not occur at eighteen for everyone. For some it is at sixteen, for others at seventeen.