Who came across. For example, my son is now registered with his in-laws in a three-room apartment. There are only 4 adults and a son registered there, + I have temporary registration there. The owners are father-in-law, husband and brother. We are planning to take out a one-room apartment with a mortgage. but it turns out that we will rewrite our son into a smaller area. Will they allow it?
Often in life situations arise when it is necessary for one reason or another to change an apartment: to solve the housing problem of a young family or to end conflict situations caused by misunderstanding between two or even three generations.
In this case, there is only one way out - exchanging real estate.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!
Is it possible to?
Is it possible to exchange housing with minors?
How to exchange real estate with parents? At the moment there are no restrictions associated with such a real estate transaction as exchange. The owner of real estate has the right to dispose of his property at his own discretion (Article 209 of the Russian Federation).
The exchange itself is not particularly difficult, no matter who lives in the room: minors or elderly parents.
If these categories of persons are not the owners, then you need to find suitable options independently or with the help of a real estate agency and competently organize the transaction.
- The owner has the rights to own, use and dispose of his property.
- The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienating his property into the ownership of other persons, transferring to them, while remaining the owner, the rights possession, use and disposal of property, pledge property and encumber it in other ways, dispose of it in any other way.
- Possession, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law (Article 129), is carried out by their owner freely, if this does not cause damage to the environment and does not violate the rights and legitimate interests of other persons.
- The owner can transfer his property into trust management to another person (trustee). The transfer of property into trust management does not entail the transfer of ownership rights to the trustee, who is obliged to manage the property in the interests of the owner or a third party specified by him.
The ideal options are those when the owner is one person, or the apartment is shared/joint ownership of the spouses, and their children or elderly parents are simply registered there.
Then the difficulty of the transaction lies only in the correctness of its structure.
But in practice, there are often cases where minors and parents are also co-owners of real estate .
Such situations arise when registering privatization, or when, at the time of purchasing housing, shares are distributed in order to preserve property (for example, there is a possibility that the property may be arrested or seized in order to pay off debts).
If real estate is jointly owned by a number of persons, then the consent of all co-owners (Article 246 of the Civil Code of the Russian Federation). Such consent is drawn up in writing and notarized before being submitted to the Rosreestr authorities.
- The disposal of property in shared ownership is carried out by agreement of all its participants.
- A participant in shared ownership has the right, at his own discretion, to sell, donate, bequeath, pledge his share or dispose of it in any other way, subject to the rules provided for in Article 250 of this Code during its alienation for compensation.
Co-owners have the right of first refusal to purchase a share (Article 250 of the Civil Code of the Russian Federation). This must be taken into account in case of conflict situations in the family (read about the features of exchanging a share in an apartment and the procedure for drawing up a share exchange agreement with relatives and children).
Minor children who have a share do not have full legal capacity ; therefore, their legal representatives are their parents.
Therefore, it is adults who will decide issues related to real estate, without violating their rights. If elderly parents are fully capable , then, apart from agreeing to the transaction, nothing else is required from them.
You can find out whether it is possible to exchange living space by paying additional maternity capital from our article.
Operation approval
If the child is not the owner of the property or a share in it, but is only registered , then there is no need to coordinate the exchange operation with anyone.
It is necessary to deregister it with the Federal Migration Service in advance and register it elsewhere (for example, with relatives or friends).
At least one of the parents must go through the same procedure with the child , since by law a child cannot live alone without a family.
How is a minor child removed from the apartment?
Tell me please. My wife and I have been divorced for three years; my wife and daughter are registered with my grandmother (my mother); my daughter lives in another city with my grandmother (my wife’s mother); due to the sale, we want to re-register our daughter in another apartment (better conditions); can I do this without my wife’s participation( she doesn’t mind) what is needed for this?
We recommend reading: Is it possible to burn grass on your personal property?
Vera 02/19/2020 at 06:24 pm Osip, if your daughter is a minor, then she must be registered with one of the parents and there must be written consent from the other parent. Therefore, you can ask her again, but with one of you.
Irina 02/09/2020 at 18:52 Osip, good afternoon!
Please read.
Methods and options
Exchange (in the literal sense) is now extremely rare, so such transactions are carried out through purchase and sale . It all depends on the initial parameters of the property that needs to be exchanged, and the financial capabilities of the initiators of the exchange transaction.
Obviously, you can’t get two from one living space without an additional payment (read about drawing up an exchange agreement with an additional payment). In addition, you need to take into account the number of people who need to be accommodated. Even people far from the real estate industry know that are in greatest demand .
The difficulty also lies in the fact that you need to try to make an exchange operation at the same time , that is, find a buyer for your living space and the real estate options that you plan to purchase.
Where to begin?
You need to advertise your home for sale. This can be done by contacting a real estate agency , or independently - through specialized websites or printed publications.
When a buyer has been found and has proven the seriousness of his intentions (made an advance or a deposit), you need to start looking for suitable options for purchase . This is done by analogy with finding a buyer for your property - through realtors or on your own.
Required documents
When the entire transaction chain is built, you need to prepare a number of documents (it would be better if you do this in advance):
title documents for the real estate being sold, which indicate on the basis of what event the ownership right arose (sale and purchase agreement, deed of gift, inheritance certificate, etc.), as well as a certificate of ownership (if available);
technical and cadastral passport - which indicate the parameters of the property being sold;
a certificate from the Unified State Register - the owners are listed there;
an extract from the house register (not always required);
permission for the transaction from the guardianship and trusteeship authorities (if among the owners there are minor children and incapacitated parents);
a certificate from the Federal Migration Service stating that all residents of the premises were previously deregistered;
consent to the transaction of the spouse (if the property is jointly acquired), certified by a notary;
consent to the transaction of other co-owners of the property, in the case of shared ownership, also certified by a notary;
the purchase and sale agreement itself;
passports of all participants in the transaction;
receipt of payment of state duty;
receipts confirming the absence of debt on utility bills;
- other documents (at the discretion of the registration authorities).
from the sellers from whom real estate is purchased for resettlement.
Documents for the transaction can be submitted:
List of documents
Free legal consultation
The list of documents for canceling the address registration of a child in an apartment (room, private house) will depend on several factors. Among them, lawyers specializing in housing law most often highlight the following aspects:
- Does the child have a share in the housing from which he needs to be discharged (that is, is he a co-owner of this premises)?
- Is the housing privately owned or is it on the balance sheet of a city, town, or serviced by the corresponding utility service of an enterprise or department?
- Whether or not the child has any of the preferential categories: disabled, orphan, or other.
Read also: Cadastral value of a land plot by cadastral number
In the first case of the listed cases, in case of voluntary eviction of parents and child (for example, when moving to a new home), for discharge you will need to submit to the FMS authority:
- The original birth certificate of the child (Russian Federation or another country) or his Russian passport (after the minor reaches 14 years of age).
- A written application to the Federal Migration Service on behalf of the child. The document is drawn up in the prescribed form personally by the applicant or his legal representative (parent, guardian, etc.).
In addition to this, the homeowner must have with him:
- an identity document valid on the day of application (passport of a citizen of the Russian Federation, address certificate, temporary residence permit);
- a conclusion issued by the city or district guardianship authority, which confirms the consent of the curators to the discharge of the child;
- original document giving the right to dispose of real estate (private property certificate).
In addition, the applicant will be required to provide the original registration certificate for housing, in which they plan to register the child in the future at a new place of residence, indicating the shares of private property. As an option, you will need to provide an already valid temporary use agreement and information from the guardianship authority that the child’s rights will be respected in the new premises (livability, standard number of square meters, etc.). These standards are prescribed in the Civil and Housing Codes of the Russian Federation.
Option two provides for a situation where the child does not have a share in the house or apartment from which he is being evicted. Subject to the voluntary eviction of the child, the applicant must provide all of the above documents, except for the certificate-conclusion from the guardianship authorities. But this rule does not apply when a child over 14 years of age does not have parents, or when a minor citizen is declared incompetent or has limited physical capabilities.
If a child belongs to a preferential category, has no parents or has health problems, then the minor can be discharged only by decision of the Children's Rights Commission.
Processing times and costs
The processing time and cost will depend on where you are submitting the documents:
- Through a notary – 3 working days; the cost of services consists of a fixed part, the cost of technical work and a percentage of the transaction price (varies from 0.3% to 1%). The fixed part and technical services may be different for each notary.
- Through the office and website of Rosreestr - 10 working days; the amount of state duty will be 2000 rubles; The cost of calling a Rosreestr employee to your home is different in all regions.
- Through the MFC - on average 13-15 working days; You only need to pay the state fee (2000 rubles).
- Delivery times are quite difficult to determine; this method of registering the transfer of property can hardly be called reliable; the cost of Russian Post services depends on the weight of the envelope with documents (300-1000 rubles).
obtain a certificate of ownership at the Rosreestr office or at home by calling an employee of this institution for an additional fee.
Features and nuances
The owner of the living space or share is the child.
In new housing, its share should be no less in area than in the previous one; It is not allowed to move from a comfortable residential premises to a private house “with amenities on the street”; location is taken into account (in particular, moving from city to village is not approved), etc.
There is no official list of reasons for refusing to issue guardianship consent to a transaction. Therefore, citizens often go to court about this.
Exchange of privatized housing. Such deals rarely occur. Direct exchange is mainly practiced between relatives. In accordance with the Civil Code of the Russian Federation, the party to the transaction who received the larger property pays the difference in value in cash to the other party.
Is it possible to discharge a child into a smaller area?
And therefore, it has all the rights to use the living space - exactly the same as its owner. In this situation, the child can be discharged from the apartment only on the basis of a court decision, and for this the owner will have to draw up a statement of claim. It will be very difficult to justify and carry out the procedure for removing a minor from an apartment with a larger area into a smaller one, since the court may consider this decision a violation of the rights of the minor.
The court may decide to preserve the child's rights to use housing for an indefinite period. Or generally make a decision in favor of the minor and refuse to evict. Dismissing children from living space is a complex and responsible procedure, and it cannot be done without competent and qualified legal assistance.
Is it possible to discharge a child from a larger area to a smaller one?
Tell me, is it possible to discharge a child into a smaller living space? Currently viewing this topic: No Author Message Lily LyFirst grade second quarter On the site since 10/11/11 Messages: 694 From: Novosibirsk Leninsky district Added: Sat Jul 07, 2012 0:41 Message title: Tell me, is it possible to register a child for a smaller living space? Please help me solve the problem. I am registered in another region.
There is no way to register the child with the husband.
They planned to register the child with me in the village with a relative.
But he is afraid that he will not be able to later transfer the child from the house of 90 square meters to the apartment that we will buy in Nsk.
that the guardianship authorities will not give, because And if the child
Is it possible to register a child in an apartment with a smaller area?
If a minor lives at the place of registration, and the apartment is privatized, then by law the child has full rights to use the housing along with the owner of the living space. In this case, it will be difficult to discharge him from the house - the owner of the property must apply to the court.
Good afternoon. Please tell me. We would like to register a child (3 years old) with his wife’s parents in Moscow (one-room apartment). Now we are registered in the house (100 square meters) of my parents in Sterlitamak (Russia). At the EIRC we were told that there would be no problems - we go to the passport office with applications from both parents and the owner of the apartment (father-in-law) and the wife and child will be registered without any problems, you don’t even need to go to Sterlitamak! Without registration, difficulties arise with the kindergarten. We live in Moscow in a rented apartment (not with our parents).
Is it possible to register a child in a smaller apartment?
Advice from lawyers:
1. Is it possible to register a child in an apartment of a smaller area than he was previously registered in?
1.1. Good day! If the child does not have property rights, then it is possible to register the parent at the place of residence, regardless of the reduction in area. Only the standard per person in the specified residential premises is taken into account.
Did the answer help you?YesNo
Consultation on your issue
8
Calls from landlines and mobiles are free throughout Russia
2. Is it possible to register a minor child in an apartment with a smaller area?
2.1. Hello. If the child was not the owner of a share in the apartment, but was simply registered, then he can be registered in a smaller area. If you were the owner, then you need to purchase a new one, with an area no less than the previous one.
Did the answer help you?YesNo
3. We are buying an apartment in a building under construction and selling the apartment in which we live, in which 2 children are registered. Children are not owners. During construction, we want to live in an apartment that is smaller in area, but also owned. Is it possible to move with children from an old apartment to a smaller one?
3.1. For God's sake, the guardianship authority is out of business, because... Children are not owners.
Did the answer help you?YesNo
4. The parents’ apartment has a mortgage, the mother and the second child are registered, the area is 37 sq. m. The father and the first child (a 10-year-old disabled granddaughter) are registered with the father’s parents in a private house (the owner is the grandfather). Is it possible to register my granddaughter in an apartment with a smaller living space? She has a share in the property there. .
4.1. This can only be done with the consent of the guardianship.
Did the answer help you?YesNo
5. Is it possible to register a child with the child’s mother if she is against it? The child is 7 years old, lives with his mother, is registered with me, and has no share of ownership in my apartment. My mother refuses to register me with her, citing that she has a smaller living space than me.
5.1. The issue is resolved by agreement of the parties, but if there are reasons for the dispute, then the child’s permanent place of residence may play a decisive role. The conflict can be resolved through court.
Did the answer help you?YesNo
5.2. The court determined the order of your meetings with the child, therefore it is understood that the child lives with the mother. In accordance with Art. 66 of the RF IC, a parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues regarding the child’s education. Submit an Application to the court for registration at your place of residence.
Did the answer help you?YesNo
6. Is it possible to discharge minor children (girls) from a municipal apartment into their own apartment? Mothers have a smaller area (one room) but are registered in a three-room apartment.
6.1. Can. If the mother wishes this and is herself registered in this apartment.
Did the answer help you?YesNo
6.2. Good afternoon Why not? Can. The registration will confirm the real place of residence of the children with their mother.
Did the answer help you?YesNo
7. You can register your child in an apartment of smaller size in an apartment with his mother. But the mother is not the owner. Now the child is registered with his mother in a house with a larger area. And is the father’s consent necessary if we are divorced? Is it necessary to involve the guardianship authorities?
7.1. Registration of minors is carried out at the place of residence of the mother, regardless of housing standards.
Did the answer help you?YesNo
8. The wife owns a three-room apartment, purchased during marriage. From birth, the children and the wife are registered in a one-room apartment of a smaller area. Is it possible to get maternity capital to improve living conditions by buying an apartment larger than a one-room one?
8.1. Good afternoon Of course you can. Maternity capital can be spent on purchasing housing regardless of the availability of other housing.
Did the answer help you?YesNo
8.2. Hello, Nikolay. You can manage maternity capital funds by directing them to improve housing conditions, incl. (FZ-256 “on additional measures of state support for families with children”) Sincerely.
Did the answer help you?YesNo
8.3. — Hello, dear site visitor, it is impossible to obtain an MK, but it can be used when purchasing housing. Good luck to you and all the best, with respect, lawyer Legostaeva A.V.
Did the answer help you?YesNo
9. Is it possible to use maternity capital for additional payment when exchanging a smaller apartment for a larger one? But... This apartment belongs to me (I am the child’s grandmother), he is not registered in it, but lives and is registered in his parents’ apartment. They don't need an extension. Can I register my grandson with me (on an area of 17.6 m2) and use mat capital as an additional payment for the exchange? (And later donate or bequeath this apartment). Thank you.
9.1. Registration does not matter. Pay the difference in the cost of the apartments. capital is possible if it corresponds to the market value of part of the purchased residential premises. From the question we can conclude that you intend to cash out the checkmate. capital, which is prohibited by law and is prosecuted as fraud (Article 159 of the Criminal Code of the Russian Federation). Transactions with relatives when using mat. capital are not prohibited. Article 10 of Federal Law No. 256-FZ “On additional measures of state support for families with children.”
Did the answer help you?YesNo
10. This is a question, I have an apartment 2, which I inherited, my husband and I and 2 minor children are registered, we want to sell the apartment so that with the addition of mat capital we can take something bigger, what should we do with the children? Is it possible to register the children with their grandmother at the time of purchase and sale, but she has a 1-room apartment, that is, a smaller area.
10.1. Good evening. You wrote that you inherited the apartment, i.e. are you the only owner or are your children also heirs?
Did the answer help you?YesNo
11. Is it possible to register a child in an apartment with a smaller area (together with one of the parents)? We are discharging the child from an apartment where only one of the parents was the owner (the child was only registered). And we register where the owner is, grandma. Is it necessary to involve guardianship authorities?
11.1. The Housing Code of the Russian Federation provides for the unconditional right to move a minor into an apartment where one or both of his parents are registered. In accordance with paragraph 1 of Art. 70 of the Housing Code of the Russian Federation, the consent of the remaining members of the tenant’s family and the consent of the landlord are not required to move in with the parents of their minor children.
Did the answer help you?YesNo
11.2. The consent of the guardianship authorities is not required, but you will have to register your permanent place of residence with your grandmother together with one of the parents.
Did the answer help you?YesNo
12. Is it possible to discharge me and my children from an apartment of 59.90 sq.m. with partial conditions, i.e. hand them over to the administration and temporarily register them in a smaller apartment in order to register for an apartment with amenities?
12.1. What's the point? In this case, you will be recognized as having worsened your living conditions (Article 53 of the Housing Code of the Russian Federation) and will not be put on the waiting list for this reason.
Did the answer help you?YesNo
13. I wanted to ask. We are selling an apartment of 36 meters, 2 young children are registered there. And we want to register for a communal apartment until we buy an apartment. The children do not have shares in any of the apartments. Is it possible to discharge children and register them on smaller meters.
13.1. Good afternoon. Wanted to ask. We are selling an apartment of 36 meters, 2 young children are registered there.
And we want to register for a communal apartment until we buy an apartment.
The children do not have shares in any of the apartments. Is it possible to discharge children and register them on smaller meters.
Rules of law: CIVIL CODE OF THE RUSSIAN FEDERATION Article 28. Legal capacity of minors 1. The rules provided for in paragraphs 2 and 3 of Article 37 of this Code apply to transactions of legal representatives of a minor with his property.
Article 37. Disposal of the property of a ward 2. The guardian has no right, without the prior permission of the guardianship and trusteeship body,
to carry out, and the trustee - to give consent to, transactions for the alienation, including the exchange or donation of the property of the ward, leasing it, free of charge use or pledge of transactions entailing the renunciation of the rights belonging to the ward, the division of his property or the allocation of shares from it, as well as any other actions entailing a decrease in the property of the ward.
Did the answer help you?YesNo
Consultation on your issue
8
Calls from landlines and mobiles are free throughout Russia
14. Is it possible to register a child from a larger area to a smaller one? For example, a mother should be discharged from a one-room apartment and placed in her father’s room.
14.1. Yes, the area of the apartment does not matter when registering. It is only important that the child is registered with one of the parents. All the best!
Did the answer help you?YesNo
14.2. Hello! Yes, the law does not prohibit registering children in residential premises with a smaller area than the previous one. Good luck!
Did the answer help you?YesNo
14.3. Hello! You can register a child at the place of residence of the father if the mother and father of the child agree. The area of the room does not matter.
Did the answer help you?YesNo
14.4. Hello. You can register for any area where the child’s parents are registered. Thank you for visiting our site.
Did the answer help you?YesNo
15. Is it possible to discharge a child from the apartment where his mother is registered and register him in another apartment, of a smaller area, where his father is registered?
15.1. Good afternoon This can be done in a number of cases and if the plaintiff is the father. With respect to you, Evgeniy Pavlovich Filatov.
Did the answer help you?YesNo
15.2. It is possible, if sanitary standards allow, the child’s parents determine the place of residence of the child. And the child must be registered at the place of residence of one of the parents and live at the place of registration.
Did the answer help you?YesNo
16. Please advise on the following issue: In 2000, after a divorce in court, the father divided the 2 apartment. One room is for a mother and a minor child, and the other is a smaller room for him. This apartment is municipal property. As of 2020, 4 people are registered in it (divorced parents, their now fully-year-old daughter and 2-year-old grandson). Is it possible to privatize such an apartment? Will the daughter and grandson have the right to the property?
16.1. Municipal housing can be privatized with the consent of everyone who is registered in the apartment at the place of residence.
Did the answer help you?YesNo
16.2. If at one time (before 2005) an apartment was turned into a communal apartment in accordance with the legislation in force at that time, then at the moment its privatization is possible room by room, by tenants of individual rooms.
Did the answer help you?YesNo
17. Is it possible to register a minor child in an apartment with an area of 80 sq.m., and later be discharged and registered in an apartment with a smaller area of 30 sq.m. I am the owner of an apartment and I want to register my sister-in-law with her minor child while they receive theirs (they have it under construction).
17.1. Hello! The main thing is that the young child is registered at the place of residence with one of the parents. The area of the premises does not matter when registering and deregistering.
Did the answer help you?YesNo
18. Is it possible to discharge children from a municipal apartment and register them with their parents in a smaller one, but owned by the parents.
18.1. Yes, you can - art. 20 Civil Code of the Russian Federation.
Did the answer help you?YesNo
19. Is it possible to register two children in a smaller apartment in Moscow if they are registered in another city in a larger apartment?!
19.1. Can. It is desirable that the new apartment be owned. If children are minors, registration is possible together with their parents, or one of them.
Did the answer help you?YesNo
20. Is it possible to discharge children from an apartment with a larger area when moving to another region and register them in an apartment with a smaller area. There is only one owner, the father of the children. They will buy an apartment in another region, including with maternity capital. Thank you.
20.1. Yes, you can sign your children out. They are not owners and there should be no obstacles.
Did the answer help you?YesNo
Please, is it possible to discharge a minor child from the apartment and register him in another smaller area so that he does not participate in the privatization of the apartment.
We want to sell a 2-room apartment in which 2 minor children are registered, is it possible to discharge them and register them in an apartment with smaller dimensions in a one-room apartment?
For a 14-year-old child, can he be registered with his grandmother in a smaller area if the child has a share in this apartment? Thanks for the answer.
Is it possible, having sold an apartment in one city with a larger area, where a minor child is registered and has a share there, to buy an apartment in another city with a smaller area.
Is it possible to transfer a child from a larger area to a smaller one? From a 3-room apartment,
Is it possible to give a share to a child and register it in a house in SNT (land of populated areas)
Is it possible to register 2 minor children from a privatized apartment into a municipal apartment of a smaller area?
The situation is like this; My three minor children and I were registered in a parental apartment of 60 square meters.
Please tell me if it is possible from a privatized apartment (5 people are registered)
Please tell me if it is possible from a privatized apartment (5 people are registered)
How to sell an apartment if minor children are registered there? The apartment has 7 owners, owned for less than 2 years.
Re-registration of a child: basic rule
In the life of any family, many situations arise that force decisions to be made that concern not only its adult members, but also minor children. A considerable part of such life situations is associated with a change in place of residence of both the entire family and its individual members. Most often they occur in the following situations:
- Not included in the number of co-owners Usually, this situation arises when the privatization of the apartment was formalized before the birth of the child. In this simplest case, deregistration can be carried out without the consent of the guardianship and trusteeship authorities. But if they see in this procedure an infringement of the rights of a minor, they can challenge the action already taken in court.
- Inscribed among the owners In this case, the registration procedure is more complex and must take into account many nuances. In any case, permission for it is given by the guardianship authorities, who carefully check all the little things and details of the operation being performed.
Is it possible to discharge a child into a smaller area?
In a word, the procedure for deregistering a child who has not yet turned 18 is full of nuances and difficulties; you often have to seek competent legal assistance. If the established standards are violated, the decision on discharge may be canceled and the whole process will have to start all over again, which, of course, will be a rather burdensome undertaking. Therefore, it is best to prepare properly in advance, before going directly to court.
also have to face difficulties in the event of replacing your registration with a new one, when a child under eighteen years of age moves from housing with a larger area to a smaller one . Such a maneuver may well be regarded by the court as an attempt to violate the rights of the child. If the minor is already the owner of the area, then the deregistration process will be difficult even for the child’s closest relatives – the parents. Another interesting condition is that the apartment in which the minor will be registered must be located in the same area as the child’s current place of registration.
Features of discharging a minor child from an apartment
- We request from the passport office a certificate of those living in the apartment and a copy of the personal account. To do this, we present a passport, a child’s birth certificate and a social tenancy agreement.
- With the received certificate, we go to the guardianship and trusteeship authority for permission and submit the following package of documents:
- personal account,
- certificate about those living in the apartment,
- parents' passports,
- child's birth certificate,
- technical passports for apartments (old and new),
- certificate of ownership of the apartment,
- social rental agreement.
Is it possible to oblige a parent (guardian) to register a minor child?
The guardian of a minor child wants to register him with himself, the child is registered with a mother who has been deprived of parental rights, can the guardian register the child and register him with him, where should he go and how to do this? question number No. 1746357 read 50 times Urgent legal consultation8 free
- Hello Olga.
The guardian can do this because is the legal representative of the minor. Contact the guardianship and trusteeship authority, firstly, you will need their permission to carry out this procedure, and secondly, they will more accurately describe what needs to be done and in what sequence. Personal consultation
Do you have an answer to this question? You can leave it by clicking the Reply button Similar questions The son is registered in his father's house. They want to sell the house, but the son does not want to check out.
Detailed instructions for discharging a minor child from an apartment
If there are no documents confirming ownership, then a foundation agreement will do. A foundation agreement is a document on the basis of which there is ownership of real estate. This document can be: an apartment purchase and sale agreement; transfer agreement; certificate of inheritance; annuity or investment contract
The owner's procedure for evicting a child from an apartment
The owner’s procedure for evicting a child from an apartment depends on the parents’ desire to document a change of place of residence voluntarily or not. In the first case, the homeowner:
- brings a package of basic documents to the address service of the passport office;
- writes a statement on his own behalf;
- awaits a decision within three days from the date of submission of the request.
Read also: ACS RSO entrance through State Services
The final stage is to visit the passport office with the house register and receive impressions of it and the passports of adults who were issued with the child.
If the situation develops in such a way that it is not possible to discharge a child from a private household at the request of parents or guardians, then the owner should receive an extract from the guardianship authority refusing to deregister the child, and then apply to the court at the place of residence. It is important to have a passport and a document on the right to own a home with you.
It is also important to know that if the child’s registration was temporary, that is, it was provided for the period specified in the rental agreement for the premises (of course, concluded in compliance with the law!), then the child can be discharged according to the standard procedure immediately after the expiration of this agreement.
If there was no agreement as such, and it turns out that the owner voluntarily registered a family with a child in his living space, then in this case the deregistration will have to be done only through the court.
Is it possible to discharge a child into a smaller area?
- Application for deregistration at the place of residence. You need to get it at the passport office and fill it out with your own hand. The following fields must be completed in the form:
- date of filling out the form and signature.
- last name, first name and patronymic;
- date of registration;
- new registration address;
20 of the Civil Code of the Russian Federation, the place of residence of minors under 14 years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians. In case of separation, parents determine with which of them the minor child will live.
Can a guardian register with the ward without the consent of the owner?
Therefore, in order to register your wife in this apartment, you need to obtain the consent of the PLO. 2. The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.
Let's start with the fact that by registering in it you want to acquire ownership.
1. You must register as a tenant, or privatize the apartment.
apartments?
Olga, she can’t do it without the owner’s consent. But there is very little data to answer. Since the guardian is obliged to live together with his ward, he is obliged to register at the place of residence.
Grounds: CIVIL CODE OF THE RUSSIAN FEDERATION Article 36.
In this case, the following must be presented: a passport or other document replacing it, identifying the citizen; a document that is the basis for a citizen to move into residential premises (order, agreement, statement of the person who provided the citizen with residential premises, or other document), or its duly certified copy. The registration authority is obliged to register a citizen at the place of residence no later than three days from the date of presentation of documents for registration.
Can a guardian register others in the ward’s apartment?
Any actions with the property of the ward, including registration, are possible only with the permission of the guardianship and trusteeship authorities.
Therefore, in order to register your wife in this apartment, you need to obtain the consent of the PLO.
But you can register your daughter (if she is a minor) without the consent of the owner or the public organization. Article 20. Place of residence of a citizen 2. The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.
117. Registration at the place of stay and place of residence of minor citizens with parents (adoptive parents, guardians, trustees) living in residential premises owned by other citizens by right of ownership is carried out regardless of their consent.
Guardian - legal advice17
Is it possible to split the personal account of a social rent apartment if it contains residents who are not members of the same family?
Legal services in the Russian Federation: inheritance, family, housing and other disputes, real estate transactions... lawyer, Moscow, tel.
+7(915)217-18-02 civil, housing, family, labor, administrative... Lawyer, expert Moyurist.online
- Avtopravo 300
- Administrative Law 9
- Arbitration 81
- Banks, loans, finance 87
- Foreign economic activity 100
- Conscription and military service 4
- Civil law 6
- Citizenship, migration 7
- Housing law 11
- Healthcare 149
- Intellectual activity and the Internet 36
- Enforcement proceedings 302
- Legalization and notary 157
- International law 18
- Tax Law 38
- Inheritance law 29
- Real estate 196
- Education 150
- Passport questions 215
- Pensions, social security, benefits 224
- Consumer rights 30
- Prosecutor's supervision 233
- Other issues 2
- Family Law 22
- Insurance 3
- Judicial system, civil process 247
- Customs law 286
- Labor Law 25
- Tourism, border crossing 124
- Criminal law 26
- Environmental Law 28
- Legal entities, creation, maintenance 274
Unauthorized use of materials is prohibited.
Can a guardian sell the ward’s apartment and dispose of his other property?
That is, the child lives in a family of relatives, and it makes no sense to adopt him.
However, he may not reach the age of 14. But this circumstance in no way excludes his right to own this or that thing or property. Therefore, those under guardianship retain all their property.
How to register a guardian in a municipal apartment
When issuing a registration permit, the landlord must ensure that after a new tenant moves in, the total area of the apartment per person living in it is within normal limits.
At the request of a guardian who conscientiously performs his duties, the guardianship authorities may consider the possibility of the guardian and the ward living in the latter’s living space. Registration in this case is only possible temporarily: for the duration of guardianship, or for a period designated by the guardianship authorities or the municipality.
The guardian should not forget that the guardianship and trusteeship authorities monitor whether the rights of the ward are violated.
An unscrupulous guardian may be removed from his duties. In this case, deregistration will follow.
The editors are not responsible for the content of advertising materials.
Certificate of registration of mass media El No. FS77-36354 dated May 22, 2009.
v.3.4.201 I am the guardian of an incapacitated father, moreover, he is an immobile patient. Officially, through the court, he was deprived of legal capacity and guardianship was established.
In addition to him, his sister is registered in the apartment, my aunt, who in every possible way prevents my registration and privatization of the apartment, she does not love me.
Is there a chance to register with the person under my care?
How to do it? again, through the court? Or will they register it like that at the passport office? Thanks in advance for your answers, even with the emphasis on the fact that the aunt is not herself and can interfere with access to the person under her care?
This cannot be an argument? But most often guardianship is established for a certain period. The editors are not responsible for the content of advertising materials.
Certificate of registration of mass media El No. FS77-36354 dated May 22, 2009 v.3.4.201 Our website uses cookies to improve the functioning and efficiency of the site.
Disabling cookies may cause problems with the site.
By continuing to use the site, you agree to our use of cookies.
Registering children in a smaller area
What is permanent registration in an apartment? In simple terms, this is a regular registration at the place of residence (a stamp in the passport that indicates official registration at the place of residence). Registration is given to a Russian citizen for a permanent period. You cannot deprive a person of registration, that is, write a person out of their living space, without his consent. Quite often, permanent registration is issued without ownership rights, that is, a person is registered at his place of residence, but he does not have property rights to this apartment or house. According to the housing legislation of the Russian Federation, such a registration action of a subject is possible only in a few cases.
What the child’s registration will look like - he will also have a share in this. Registration of a newborn child. Hello! I have a question about registering a newborn child; I would like to hear answers to the options I described below. 1. Apartment 3 was privatized for 4 people (father, mother, and two brothers), plus the grandfather (mother’s father) was also registered in it. One of the brothers is born. registration of a child Hello. Please tell me, my common-law husband has a mortgage on his apartment, his first marriage is not dissolved, they are both owners, his ex-wife lives in the apartment, we rent it ourselves.
Registration in a smaller apartment
Six of us live in a three-room apartment - me, my wife and 4 children: 20, 13, 9 and 2 years old. The apartment belongs 7/10 to me and 1/10 to the three older children (the representative of the minors is the mother, my wife). We want to sell three rubles, move to the Moscow region, but register all together in my wife’s one-room apartment, so as not to lose our Moscow registration.
Tell me, is this possible and under what conditions? Thank you! March 27, 2015, 10:15, question No. 779116 Stanislav, Moscow Collapse Online legal consultation Response on the site within 15 minutes Answers from lawyers (1) 1435 answers 473 reviews Chat Free assessment of your situation Muratov Roman Lawyer, Moscow
Moscow Free assessment of your situation
- 473 reviews
- 1435responses
If the apartment you are going to register in is owned by your wife, then no obstacles will arise.
Is it possible to discharge a child from an apartment to nowhere, if he is or is not the owner?
Then you will have to wait from three to seven days and the little person will be deprived of registration. His registration in a new place will be carried out on the basis of an application from his parents (or himself, if he is already 14 years old), title papers and the same guardianship permission.
Let’s say you need to sell or exchange an apartment and cancel the registration of a minor owner. The transaction cannot be carried out without the assistance of the board of trustees Therefore, if such an operation is intended, you need to act according to the following algorithm:
