Selling an apartment with minor children, how to sell an apartment if the registered or owner is a minor child

Reading time: 6 minutes

Selling an apartment is a troublesome task in itself. And some nuances make the process even more labor-intensive. For example, how to sell an apartment if a minor child is registered there.

The transaction in this case falls into the “risky” category, so many buyers simply do not want to deal with such sellers.

It is possible to resolve the issue of how to arrange everything correctly in order to avoid risks for both parties, but this requires a competent approach.

Is it possible to sell a property in which children are registered?

The state always stands on the side of children and protects their rights in every possible way. This does not mean that such transactions for the purchase and sale of housing are completely prohibited. Simply, when selling living space where a minor lives, three conditions must be met:

• he will have a place to live. At the time of the transaction, there is a specific address where the baby will be registered, or he will appear in the near future. According to paragraph 2 of Art. 20 of the Civil Code of the Russian Federation (on the mandatory residence of children under 14 years of age with their parents), the child’s legal representatives must also be registered at the new address;
• living conditions will not worsen. Ideally, they will become better, but at a minimum, the new place of residence must meet sanitary requirements and basic safety standards;
• property rights will not be violated. If the share of the real estate being sold is owned by a minor, you need to make sure that in the new apartment it will not be less. Another option is to transfer money to the child’s account in Sberbank.

The answer to the question whether it is possible to sell an apartment if a minor child is registered there is, in most cases, positive, if everything is done correctly.

Moreover, on the date of purchase of housing, the registration of previous owners in the premises may be maintained while they draw up documents for new housing.

In this situation, the contract should stipulate the obligation to deregister before the agreed time.

When is it risky to buy an apartment with registered children?

In standard situations and with legally competent preparation of documents, registration in an apartment of citizens under 18 years of age does not pose a danger to the buyer. However, there are types of transactions when the purchase and sale of an apartment with registered minor children is risky. These include:

• lack of address for the child’s subsequent registration. In this case, it is almost impossible to evict children, respectively, and their parents, even through the court, because it usually takes the child’s side;
• purchase of an apartment by the previous owners using maternity capital, and the child is not included in the list of co-owners. When using any government subsidy for the purchase of housing, each family member, including the spouse and children, receives their share. If for some reason the property was not properly registered, the offended husband, adult children, or even guardianship authorities (CBO) may challenge the actual sale and purchase transaction and demand compensation for the child’s share;
• privatization of an apartment by sellers, in which children were not included in the list of owners. The situation is similar to the previous one, because during privatization, housing is divided equally among all residents registered at that time. There is no “children’s” share in the documents for the apartment - the law has been violated, which means that the sale of such living space can be challenged.

This is not a complete list of risky situations. Each case may have its own nuances.

The presence of risks does not mean that you should refrain from a transaction. You just need to check all the documents more carefully before purchasing.

The nuances of selling an apartment with registered children

The sequence of solving the question of how to sell an apartment if minor children are registered in it depends on several factors:

• age (up to 14 years of age, parents act on behalf of minors; at 14-18 years of age, a teenager can sign himself, but with the permission of a legal representative);
• status of the baby in the apartment: simply registered (not a party to the transaction) or owner;
• family composition (raised by natural parents or guardians/trustees).

• Depending on this, the content of the package of documents and the algorithm of legal operations vary.
• Standard list of documents that need to be prepared by the date of sale of the apartment:

• ID cards of all participants: passports and birth certificates;
• confirmation of ownership: relevant certificates or extract from the Unified State Register of Real Estate (USRN);
• 3 copies of the purchase and sale agreement;
• act of acceptance and transfer of residential property;
• check for payment of state duty;
• consent of all owners to sell the apartment;
• information about persons registered in the living space. Ideally, a “clean” certificate of family composition; better, a certificate of registration at the place of residence in Form No. 9.

• certificate of registration of children at another address;
• papers confirming the absence of debts for utility bills, loans and other financial encumbrances.

Depending on the situation, the list expands.

If the child is simply registered

The opportunities to sell an apartment if a child is not the owner is registered in it are much wider than in the case of shared ownership. Some risks are excluded here, as is the case, for example, with maternity capital or privatization; additional permissions from the Guardianship and Trusteeship Authorities are not required.

The only rule that needs to be followed is to register the kids to a specific living space, and not “to nowhere.”

In this case, the list of documents is most often limited to the items listed above. The only caveat: if a child grows up without parents (died, deprived of rights, and similar situations), then the participation of the PLO in the transaction cannot be avoided.

When a child is the owner of the premises

From a legal point of view, it is more difficult to sell an apartment with a registered minor child when he is one of its owners. In this case, the small citizen has property rights, so he is a party to the purchase and sale transaction.

In addition to parents, guardianship and trusteeship authorities are involved in the process. They must ensure that the rights of children are not violated. Written permission from this government agency is added to the standard list of documents.

After reviewing the package of papers, the PLO commission decides whether to give consent to the sale of the apartment or refuse the parents’ request.

Owner or simply registered: how to find out

As we have established, the algorithm of actions by which an apartment is sold if a minor child is registered in it directly depends on his rights to the property: use (simply registered at the address) or ownership (owns part of the housing being sold). It is in the interests of both parties to make this issue clear.

An extract from the Unified State Register will help confirm the status of children. The registry provides documents of different types depending on the completeness of the required information.

1. To determine the status of a child (owner or not), a standard extract form from EGRN-1 is sufficient.
2. 
3. Information about all registered persons is placed in the second section of the document.
4. 
5. Data on those registered is also available in the extract from the house register or in the Unified Housing Document.

More information about permission from the guardianship authorities

You need to apply to the Public Prosecutor's Office for permission to sell residential property in which a minor is registered if he:

• apartment owner;
• is simply registered (does not have a share of property), but is himself under guardianship or trusteeship.

To obtain consent for the sale of residential premises, the child’s legal representatives must contact the local executive authorities, attaching the following documents:

• an application requesting consent to sell the property. Be sure to describe the situation, why the apartment needs to be sold, and justify the prospects for the child: where he will live and how it is planned to respect his property rights.

• written consent of a teenager over 14 years of age;
• extract from the house register;
• passports of parents (guardians, trustees) and birth certificates of children;
• title documents for property;
• cadastral plan of the house (apartment);
• a certificate from the BTI with a real estate valuation;
• certificate confirming that there are no delays in paying taxes.

To ensure that children will not be left homeless after the sale of the apartment, you must provide a certificate of their registration at a different address.

If there is no new housing at the time of writing the application, you should submit documents confirming that living space will appear in the near future:

• papers for a new apartment,
• agreement of intent,
• preliminary purchase and sale agreement and others.

When it is not necessary to confirm the availability of new housing

In practice, there are situations when it is not necessary to confirm the availability of new housing in the PLO to replace the apartment or house being sold. These include:

• emigration (the family will not need an apartment in the Russian Federation);
• Moving to another city. It is logical that the premises might not yet be found in the new settlement. In this case, you should transfer money for part of the apartment belonging to the child to an account in Sberbank;
• purchase in a new building. Parents will have to justify where the baby will live until the house is completely ready.

Algorithm for buying and selling housing with registered children

Taking into account all the described nuances, citizens who intend to sell an apartment with a registered minor child must go through the following steps:

1. Preparation for implementation: repayment of debts, registration of rights to all owners, if this has not been done before, etc.
2. Solving the issue of subsequent registration of children: registration in a new living space or preparation of documents that confirm the possibility of registration after the sale of the apartment.
3. Obtaining permission from the OPP if the child is one of the owners or is under guardianship.
4. Preparation of a package of documents and their verification by a notary.
5. The actual deal.

Conclusion

The sale of an apartment, house and other residential property in which minor children are registered is not prohibited by law. However, the state protects small citizens. Therefore, in the process of selling housing to which children have rights of ownership or use, a number of additional measures will be required to protect the interests of the child and not leave him without a roof over his head.

Minor owner and the process of selling an apartment: a must read!

Young children who are considered one of the owners of real estate are deprived of the right to make transactions. But parents are not authorized to enter into a purchase and sale agreement for an apartment or house without the consent of the guardianship authorities. Guardianship authorities monitor the legality of actions and determine whether they violate the rights of the teenager.

The permission issued by the guardianship authorities contains clear instructions as to what action must be performed and under what conditions. Minors are conventionally divided into two categories: minors - up to fourteen years of age and minors proper - up to eighteen years of age.

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 contact the online consultant form on the right or call +7 (499) 938-46-83. It's fast and free!

Hide content

Parents or guardians act on behalf of such children to complete large transactions, such as real estate.

Minor children who have reached the age of 14 to 18 years can manage their pocket money, scholarship or earnings, make deposits in banks or enjoy other fruits of mental activity.

People who represent the interests of children can be parents or, in their absence, guardians. Guardianship can be established over minor children, or trustees and guardianship can be established over minor children. If the child has not reached the age of fourteen and does not have parents, then the adoptive parents are responsible for all completed transactions.

Sometimes, minor children under eighteen years of age may be recognized as legally competent, but this happens in two cases:

1. The minor entered into marriage. From the moment of marriage, he is recognized as legally capable (in this article you can learn about how the sale of an apartment in joint ownership occurs).
2. If a child works officially, with the full permission of his parents or guardians, he begins to run his own business.

Minor owner

There are cases when the guardianship authority requires that the child be granted rights in advance , even before the permit is issued (registration and residence have taken place). Refusal may occur if the purchased housing is located far from the kindergarten or school you attend, does not have all the conditions for comfortable living, and has a high percentage of wear and tear.

Even greater complications arise when the housing purchased does not exist to improve living conditions. Then you should go to court, but this does not mean that they will give consent to the sale of real estate where a teenager who has not reached the age of majority lives and is one of the owners.

A special problem arises when there is a shared sale of an apartment in which a minor has a share to strangers. This means that a situation arises in which a teenager must live with strangers in the same apartment. The guardianship authorities file a claim in court, and the court makes a decision on the legality of such a sale.

Any result of the decision of the guardianship authorities is challenged in court. Especially if the parents do not act in favor of the young child. Typically, a refusal received from the guardianship authorities is considered lawful.

Sales procedure and rules

Why do you need to know how to properly sell an apartment in which one of the owners is a young child? This question is asked very often, and situations like this arise just as often.

Almost every family has minor children. And often children are the owners, if not of the apartment, then of shares in it.

It is possible to sell such an apartment, but the state, taking care of children, has established certain rules for this type of transaction.

This was done to protect children, because parents are different and not all care that their children have a better life; they often pursue their own mercantile interests.

The sale can only be carried out if permission is received from the guardianship authorities . Without a permitting document, an action with an apartment is not subject to registration, and therefore is illegal

You should start with a visit to the guardianship authority. There, parents must submit an application asking for consent to the transaction; if the teenager is fourteen years old, he submits the application independently.

The permission, which is issued by the guardianship authority, is given to the notary. The notary concludes an agreement regarding a real estate transaction. But there is one aspect: parents need to submit documentation to the relevant authorities, which clearly states that the teenager has a place of residence and registration.

Possible options for performing the operation may be:

1. Ownership rights are not recorded in the privatization documents for the apartment.
2. A minor is an heir to an apartment, there are documents confirming this (you can find out in this article what the tax is when selling an apartment with an inheritance).
3. The child is registered, but cannot be the owner.

It is already known that the sale of an apartment in which one of the owners is a teenager should wait for the consent of the guardianship authorities. And the teenager cannot be discharged from this apartment to nowhere.

Even before concluding an agreement to sell an apartment, one of the parents should register in the housing and then register the child.

Housing must comply with living standards and sanitation standards. If the above rules are not followed, the extract will be refused.

Agreement

When signing a property purchase and sale transaction, you need to know several important rules. The consent of the guardianship authorities must be available. If such a document exists, then the executed agreement can be registered. The buyer of such housing must also protect himself and check the availability of the necessary documents, so that later he does not have to prove his right to the purchased housing through the court. So:

1. The buyer must check whether there is a permit before signing the contract. If not, the transaction cannot be registered.
2. Check whether the document contains consent, any reservations or unfulfilled conditions.

For the legality of real estate transactions and for your own protection from cancellation of the apartment purchase and sale transaction, you must strictly and scrupulously comply with all the requirements of the letter of the Law.

The process of signing the purchase of housing, where one of the co-owners is a child, can be complicated by additional conditions of the guardianship authorities, and as a result, paperwork. But this is being done to protect the property of the country’s minor citizens as much as possible.

Permission from guardianship authorities

The above-mentioned body exists to protect young children. And if the parents of such children decide to sell their home, or exchange it for something larger, it is necessary to obtain the consent of the authority to carry out the operation. It's called a decree for sale.

What guides such a body when issuing or not issuing consent to a transaction?

If a young child has his own share in the privatization of an apartment or is its full co-owner, he has every right to retain the living space or part that is at his disposal by law.

The Board of Guardians gives its positive consent to the sale only if the parents provide all documents confirming that the teenager has another place of residence or will be provided with one.

To obtain such permission, appropriate documents are required. You can collect them yourself or, if the parents are selling the apartment through a real estate company, you can agree to the realtor collecting all the necessary documents. But you must write the application yourself. During a visit to the guardianship authority, they will have a conversation with the parents, explain all the nuances of the future case, and not infringe on the rights of the child.

The act of writing off materials for production is necessary for every large enterprise. Know the rules for compiling it!

How to correctly calculate the average number of employees? You will find a detailed answer here.

Find out the duration of the power of attorney for receiving inventory items from this short article.

For information on protecting rights, see here:

But what to do if guardianship does not grant permission:

What documents are needed?

1. Application from parents or guardians. It should be noted that the presence of parents is mandatory.
2. Application of a child, if he is fourteen years old.
3. Birth certificate of the teenager and passports of both parents (guardians).
4. Documents that confirm all rights to ownership of all premises that must be involved in the purchase and sale transaction.
5. Valuation of property from the BTI for real estate.
6. Cadastral plan for real estate.
7. Extracts from the house register (original), copies of persons. Accounts or UZhD (single housing document).
8. Documents about utility debts or lack thereof.
9. When signing an application, there must be a witness (one or more).

In order to have consent to carry out a transaction with an apartment, with a part of a young child, a full package of documentation is provided. Documents are provided in originals, copies are provided along with them.

The deadline for granting permission is a full month from the date of writing the application. Express registration for the reasons below will not be considered.

• deadlines for documents that will be reviewed in the future are passing;
• the term of the deposit or security deposit for the property is coming to an end;
• oral agreements among participants in the process of obtaining a decision.

All relevant documents that must be submitted for a decision must not have an incorrect issue date. Corrections and changes are made to the list of documents, taking into account the nature of the proposed transaction.

Results

Based on all that has been written, it should be concluded that the transaction for the sale of an apartment will not be recognized as valid when there is no consent given to the sale of real estate from the guardianship authorities.

Such a document is issued based on the provision of a package of necessary certificates and statements from parents or guardians.

The document provided by the guardianship authority primarily serves to protect the rights of the teenager from being discharged without being provided with another living space.

It should be noted that children who are not co-owners or do not have their share cannot rely on the protection of the guardianship authorities. In this case, consent is not issued. An exception is made in situations where children's rights are violated during the privatization of housing.

The state duty when selling an apartment is usually included in the additional expenses of the seller.

Here we answer how long the staffing table is kept.

You can view the validity period of personal income tax certificate 2 by going to https://lawyer-consult.ru/other/terminy-i-opredeleniya/spravka-2-ndfl.html.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:

+7 (499) 938-46-83 (Moscow)

It's fast and free!

Is it possible to sell an apartment if minor children are registered in it? Extract and registration of the child upon purchase

• Various circumstances related to the identity of the owners of the premises can significantly affect the purchase and sale procedure.
• If minor children are registered in the home, then selling the apartment is somewhat more difficult due to a number of official procedures.
• It is believed that children cannot protect their rights on their own, so such transactions are carefully monitored by regulatory authorities.

Very often citizens have a question: how to sell an apartment if minor children are registered? This is what we will tell you about. Is it possible to sell an apartment with a registered child and if so, how?

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 contact the online consultant form on the right or call +7 (499) 938-51-36. It's fast and free!

Hide content

Extract and registration of a minor child upon sale of an apartment

However, due to his age and lack of everyday experience, he cannot always adequately assess the consequences of his legally significant actions.

Therefore, a child can exercise his rights only under the control of his parents or guardians..

Under the age of 14, he does not have the right to sign any documents at all. All actions for him and in his interests are performed by legal representatives.

1. From 14 to 18 years of age, a minor signs all documents independently, but there must be a signature of an adult nearby, assuring that the interests of his ward are not infringed.
2. All these provisions are enshrined in such legislative and regulatory acts as:
3. In addition, the territories of the constituent entities of the Russian Federation may adopt their own regulations that control the observance of children’s rights by all parties to the transaction.

• If the child is only registered in the apartment and is not its owner, then there are much fewer difficulties with the alienation of living space.
• In this case, it is not even necessary to contact the guardianship authority, since no one is encroaching on the property rights of the minor.
• If the baby is not discharged, then during the sale he retains his right to live in the apartment, which, naturally, is inconvenient for the buyer.

Buying an apartment with registered minor children entails a lot of difficulties. Agree, if you bought an apartment with a registered minor child and he has the right to live on your territory, this is not very pleasant.

Therefore, the main task of the parties to the transaction is to remove the child from the apartment. This is carried out upon the application of the father or mother at the passport office or at the migration service department.

Possible complications can cause:

• parents who do not want to check their child out of their living space will have to convince them of this, perhaps making some concessions themselves, for example, increasing the rent;
• FMS employees who refuse to discharge a child “to nowhere” - he must be registered with his mother or father, so it will not be possible to deregister one child;
• registrars who refuse to register a minor at a new place of residence - until he reaches 14 years of age, he must be registered together with his parents;
• if they try to “place” the baby with strangers (even if they are his own grandparents), then the refusal is quite legitimate.

Only after carefully checking the situation can you purchase an apartment where a minor child is registered.

Obtaining parental consent

1. The only thing you need is to obtain the consent of legal representatives for discharge.
2. In most cases, written confirmation is sufficient..
3. In addition, owners usually try to check children out of the apartment at the pre-sale stage, so as not to confuse potential buyers.

This is possible if the child is over 14 years old and there are other relatives. If the child has not yet reached 14 years of age, then he can only be registered with one of the parents.

Sometimes a different problem arises in obtaining consent: the baby’s father and mother are divorced.

There are such complications:

• the second parent cannot be found;
• the parent does not consent to discharge;
• father and mother cannot agree on the future place of residence of their child.

In the first case, you will have to submit a search to the police and register him through the court as a missing person. If he shows up and refuses to give consent (or ignores the request), then you will have to either negotiate with him or go to court to deprive him of parental rights.

In this case, selling an apartment with a registered child becomes much more difficult . You will definitely need to provide the child with the same share in another residential property owned by the parents.

Most often, so-called “alternative transactions” are carried out - the simultaneous purchase and sale of two apartments. In other words, the family sells their old home and buys a new one.

In this case, the following rules must be observed:

• living conditions in the new apartment (or house) should not be worse than at the previous place of residence;
• the baby’s share should not be less, either in percentage or in footage;
• housing must be completed and declared fit for habitation.

• In rare cases, it is allowed for a child to be given a share not in the apartment being purchased, but in another one already owned by the father or mother.
• Contacting the guardianship authorities will also be required in cases where it is difficult to remove the child from the apartment, for example, if one of the child’s representatives is impeding the transaction.
• We hope it is now clear to you whether it is possible to sell an apartment if a minor child is registered?

Is it possible to discharge a baby “to nowhere”?

Sometimes parents agree to carry out a transaction, but cannot do so by virtue of the law.

This happens if their child is under 14 years of age. In accordance with Article 20 of the Civil Code, minors must live with their legal representatives.

Moreover, they must be provided with a place of residence, i.e. writing them out “to nowhere” will not work.

Children over 14 years old will also not be able to be discharged “to anywhere,” but they can be registered at the place of residence of their relatives.

Therefore, the father or mother will need to check out of the apartment even before registering its sale. Then he can immediately “rewrite” the children’s place of residence, or give consent to change their place of registration.

Article 20. Place of residence of a citizen

1. Place of residence is the place where a citizen permanently or primarily resides. A citizen who informs creditors, as well as other persons, about his other place of residence bears the risk of the consequences caused by this.
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.

The scheme is difficult if an alternative transaction is made, and the parents do not have a place where they will register while all the documents are completed.

Naturally, the current owners of the apartment for sale are unlikely to agree to register an adult and a child in their living space before signing the purchase and sale agreement.

Sales registration

How to sell an apartment where a minor child is registered and arrange everything as correctly as possible? As a rule, they try to discharge minor children from the apartment even before the start of the transaction.

However, if there are no options for their separate registration, then this procedure is possible:

• conclusion of a preliminary agreement, preparation of missing papers;
• expulsion of one of the parents from the apartment and registration of him at a new place of residence;
• signing a purchase and sale agreement, submitting documents for state registration;
• removal of other family members from the apartment and registration at a new address;
• transfer of money in accordance with the agreement;
• obtaining new certificates of registration of property rights.

1. If the child has reached the age of 14, then he can be discharged “to nowhere” together with his legal representative (father, mother or guardian), and there is no need for point 4.
2. You must register at your new place of residence within 10 days, otherwise the FMS will impose a fine on each family member.
3. Thus, the procedure for removing a child from the apartment being sold is not particularly difficult if all parties are unanimous in their decision.
4. And the question of how to sell an apartment if a child is registered there can be answered unequivocally - only by complying with all legal requirements.

Difficulties arise if one of the legal representatives of the minor does not give his consent, or if the child is the owner of the apartment. In this case, buying an apartment with registered children may entail a lot of difficulties for the buyer, although the sale of the apartment itself, where a minor child is registered, is feasible.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:

+7 (499) 938-51-36 (Moscow)

It's fast and free!

What is needed to sell an apartment if minor children are registered in it, and is it possible to do this?

Quite often, families are faced with the issue of improving their living conditions , especially when children appear in the family. Now there are many opportunities to buy housing that is more spacious and comfortable than before.

Often such transactions occur when a previous home is sold. And there are also often situations when children are registered in the apartment you want to sell.

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 +7 (499) 577-04-19. It's fast and free!

Hide content

Buyer's risks

The law does not impose a ban on the sale of an apartment if there are registered residents in it, including minors.

However, finding a buyer for such a property will be very difficult. After all, if minors are registered in the apartment sold to him, there is a high risk that this transaction may be declared invalid under certain conditions .

As a rule, in order to reduce their risks, buyers require that everyone registered in the apartment be deregistered before signing the purchase and sale agreement.

Reference . The procedure for removing registered residents from registration is called the legal release of the apartment.

You may be interested in the following articles:

Let's consider possible options for selling an apartment with children registered in it.

If children are only registered there

This is the simplest option, that is, the owners of the property are the parents, and minor children live with their parents and are registered in the apartment being sold. In this case, when selling a home, you need to remove them from the registration register and register them in another place .

In this case, the law establishes the following norms:

1. Children under 10 years of age can live and be registered with their parents.
2. Children from 10 to 14 years old, in addition to their parents, can live and be registered with close relatives (for example, grandparents).
3. Children from 14 to 18 years of age have the right to live separately from relatives, that is, they must register at the place of their actual residence.

In order to de-register and register at a new place of residence, parents must contact the federal migration service at their place of registration. If it is not possible to appear at the FMS in person, you can submit a request through the multifunctional service center.

The following must be attached to the deregistration request:

• parents' passports;
• Marriage certificate;
• children's birth certificate;
• departure sheet.

• If you are not moving to another city, simultaneously with deregistration, you can submit documents for registration at another address.  
• To do this, in addition to the above documents, one of the parents attaches documents confirming the ownership of the housing in which the parents and children will be registered.
• Or, if the parents do not own the home, consent to the registration of minor children from the owner.
• Children over 14 years of age independently apply to the UMS or to the MFC to be deregistered and registered at a new place of residence.

All of the above services are free for citizens.

The sale of an apartment is carried out under a standard purchase and sale agreement, which is subject to registration with the registration chamber. The involvement of the guardianship and trusteeship authorities (TSA) and a notary is not necessary.

Housing belongs to the guardian

There are other situations, for example, a child was left without parents, one of his close relatives took care of him and registered the child in his home. And then the guardian decided to sell this home.

And although the child is not the owner of the property being sold, when selling it is necessary to obtain permission from the guardianship and trusteeship authorities , which in this case must make sure that the interests of the ward will not be infringed. That is, in this case it is necessary to contact the guardianship and trusteeship authorities for permission for sale.

Attention! Permission to sell the apartment will be issued if, as a result, the living conditions of the ward will be improved.

Or, as an alternative, it is necessary to remove the minor from the property being sold before the transaction is completed and register him at a different address. We have already described the procedure and the required list of documents in more detail in the previous paragraph.

If they are home owners

1. Therefore, we collect documents and contact the guardianship authorities at the place of residence to obtain the appropriate permission to sell.
2. What specific documents are needed should be clarified with local government officials who monitor compliance with the rights and interests of minors.
3. The standard package includes:

1. Application from legal representatives for the sale of an apartment (a sample can be obtained from the OOiP).
2. Passports of legal representatives and the minor owner, if he is over 14 years old, if under 14 years old, then a birth certificate.
3. Marriage registration certificate (divorce).
4. Certificate of ownership of the property being sold.
5. Information about personal accounts.
6. Extract from the house register.
7. On the right is from the BTI about the cost of housing, cadastral plan.

Important! After submitting the application, the guardianship authorities consider it within two weeks and issue a written response.

The sales permit specifies the specific conditions for the sale of the property.

That is, when selling his property, as a result of the purchase, a similar or better property is acquired for the child.

Also, as a result of the transaction, the profit received can be transferred in money to a current account opened in his name, but this is legal only if the property being sold is not the only one belonging to him.

Refusal of guardianship authorities

The guardianship authorities have the right to refuse to carry out a transaction if:

• living conditions will worsen.
• The purchased housing is significantly smaller in size than the previous one.
• the transaction is both a contract of sale and a gift.
• property is acquired under a shared participation agreement, since in this case the ownership of the purchased housing has not yet occurred.

It is also worth noting that the law recognizes as invalid transactions concluded with the participation of minor owners between close relatives. This rule applies to both the entire property of your children and the shares allocated to them separately.

In addition, all transactions involving the alienation of real estate of minors must be registered with a notary. The notary is presented with a sales permit obtained from the guardianship and trusteeship authorities.

Next, you can contact the registration chamber for state registration of the transaction.

conclusions

The procedure for selling an apartment where minor children are registered differs depending on their legal status.

Actions in a transaction involving minors will be as follows:

1. If the child is not the owner of the property. A minor is discharged with his parents and registered at a new place of residence, as a rule, before the transaction is completed.
2. If guardianship or trusteeship has been issued , and the children are registered in the apartment of strangers. The sale of such real estate requires permission from the guardianship and trusteeship authorities.
3. If the minor is the owner of the property being sold. The sale of housing requires permission from the guardianship and trusteeship authorities. It is also necessary to register the transaction with a notary.

Useful video

• Watch a video on how to sell an apartment if a minor is registered in it:

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:

+7 (499) 577-04-19 (Moscow)

It's fast and free!

Selling an apartment with a registered minor child

Last update: 11/20/2018

Question:

Is it possible to sell an apartment if a minor child who is not its owner is registered in it? What rights does he have in a purchase and sale transaction? Do I need permission from the guardianship authorities to sell an apartment?

Answer:

There is often a situation in the real estate market when an apartment is sold in which a minor child is registered . Moreover, this child is not the owner of the apartment . The question arises - how to properly sell an apartment in this case, without breaking the law and without violating the rights of the child? And what exactly are his rights here?

The sale of an apartment with a registered minor child is only possible if he has a place to check out after the transaction. And it makes sense for the Buyer of an apartment to inquire in advance at what address the child will be registered and whether there is such an opportunity there. That is, whether his parents, relatives or guardians will also be registered at this address.

At the same time, it must be taken into account that children under 14 years of age must live (be registered) at the same address as their parents, guardians or adoptive parents (according to clause 2, article 20 of the Civil Code of the Russian Federation), and children from 14 to 18 years of age have the right to live at a different address, for example, with close relatives (grandmother, adult brothers or sisters, uncles, aunts, etc.).

What do realtors actually do? Frankly about the hidden - in this note.

The child in such a transaction for the purchase and sale of an apartment is not the owner, but the user of the housing , and has all the rights of use to this apartment (for more information about the rights of use, see the Glossary at the link).

Therefore, the child does not participate in the Sale and Purchase Agreement as a party to this agreement. But a separate clause in the contract must indicate the Seller’s obligation to deregister all members of his family (including the child), in accordance with clause 2 of Art. 292 of the Civil Code of the Russian Federation.

When selling an apartment with a child (not the owner) registered in it, the main risk for the Buyer is that it is quite difficult to force him out later.

This is done only by court decision, and only if the child has the opportunity to live with his relatives at their place of registration.

The court in our country, by default, takes the side of the minor child in controversial issues, and therefore it is unlikely to be possible to discharge the child from the sold apartment “to nowhere” (to the street).

But the court may well decide to forcefully expel all family members of the former owner (including minor children) after the sale of the apartment , if this is expressly provided for in the contract, and if other living space for children actually exists. The court, at the same time, will also take into account the parameters of the new housing for the child (area, amenities), which must be no worse than the previous ones.

Why not check the child out of the apartment before selling it ? This, of course, would be the optimal solution for the Buyer, but it happens that this is physically impossible for the Sellers. For example, when the owners of the apartment have this only place to live, and neither the child nor his parents have anywhere to check out in advance.

• This is a fairly common situation in the practice of the real estate market, and it is solved by constructing so-called alternative transactions for the purchase and sale of apartments, when a family with children changes their apartment, selling theirs and at the same time buying another one in return.
• Therefore, at the time of the purchase and sale of an apartment, everyone, including the child, remains registered in the apartment being sold, and is checked out of it and registered at a new address later - some time after the completion of the transaction.
• How to build an alternative deal with an apartment - see a separate note at the link.

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

All owners , including children, are indicated in the Extract from the Unified State Register for the apartment. Anyone can obtain this extract from the unified state register of real estate for a small fee (see the link in the Glossary for how to do this).

All registered in the apartment, including children, are indicated in the Extract from the house register or in the Unified Housing Document (for more information about them, see the links provided in the Glossary).

If it turns out that a child is not registered in the apartment being sold and is not listed as one of its owners (for example, he simply physically lives in it), then such a child will not have anything to do with the purchase and sale transaction of the apartment.

When is an apartment considered the common joint property of spouses, and when is it not considered? See the Glossary at the link.

Do you need permission from the Guardianship and Trusteeship Authorities to sell an apartment with registered children?

In general, according to the law, when selling an apartment, permission from the Guardianship and Trusteeship Authorities is necessary only when a minor child has a share of ownership in it.

Then the child is an actual participant in the transaction (his property is disposed of), and the guardianship authorities ensure that his rights and property interests are not infringed.

If the child is NOT among the owners, then he is NOT a party to the transaction, and his property interests cannot be violated as a result of the transaction. Therefore, permission from the Guardianship Authorities is not required in this case. This also applies to the case when the child is only “registered” in the apartment.

What mistakes do participants in transactions for the purchase and sale of apartments on the secondary market make - see in this section.

Sale of a privatized apartment with registered children

Another nuance here that the Buyer needs to check concerns the case when the apartment being sold was privatized - i.e. The basis of ownership is the Transfer Agreement (“privatization agreement”). And such an apartment is for sale with children registered in it.

The bottom line is that when housing is transferred from municipal property to private property (privatization), all residents registered in it become the owners of the apartment. But adults have the right to refuse to participate in privatization at will (this refusal is recorded in writing), while minor children automatically become owners.

Thus, in the case of privatization of an apartment, the Buyer should check (using the archival Extract from the House Register) whether minor children were registered in the apartment at the time of its privatization . If yes, then they should have been included among its owners (and their names, accordingly, should have been in the Extract from the Unified State Register of Real Estate).

If for some reason this did not happen, then the law was violated, and it is better to refuse such an apartment. Grown-up children may well later restore their violated rights in court.

If it turns out that at the time of privatization the children were registered at a different address (for example, with their grandmother), then the privatization took place correctly - the children in this apartment could have been registered later, and they no longer have property in this apartment. Such an apartment can be purchased without the permission of the Guardianship and Trusteeship Authorities , but subject to the conditions for the discharge of children specified above.

What taxes and tax deductions do the Seller and the Buyer face when buying and selling an apartment? About taxes in simple language - in this section of the Glossary.

So, transactions for the purchase and sale of apartments in which children (not the owners) are registered quite often occur on the market, and do not pose any difficulties for Sellers. In such cases, buyers need to take additional care about where and how the minor child will be discharged after the sale of the apartment.

What if the child is the owner of the apartment , that is, has a share of ownership in it, just like his parents, for example? What should we do in this case? You can learn about this from a separate Glossary article on the sale of an apartment with a share of a minor child.

Still have questions? Are you plagued by vague doubts? A lawyer can help you! You can order a consultation with a specialized real estate lawyer or complete transaction support HERE.

1. "SECRETS OF A REALTOR":
2. For the procedure for organizing a transaction for the purchase and sale of an apartment, see the interactive map STEP-BY-STEP INSTRUCTIONS (will open in a pop-up window).