Apartment instead of alimony - waiver of alimony for an apartment

The upbringing and decent financial support of minors is the main task of parents. The father or mother who does not participate in the maintenance of the child is required to pay alimony. In most cases, funds are collected in the form of financial transfers. However, family law allows you to formalize the abandonment of an apartment as alimony.

Article 104 of the Family Code of the Russian Federation allows for the possibility of a one-time payment of alimony funds by transferring property by agreement of the parties. Some payers find it more convenient to re-register real estate in the child’s name rather than lose part of their earnings every month for several years.

Situations arise when the child support worker leaves for a long period of time in another country, and transferring an apartment is the only way for him to provide for his children. At the same time, the man asks his ex-wife to refuse alimony. The legislation, however, does not provide for the possibility of a recipient refusing financial support for the maintenance of a child.

Replacing regular deductions with the transfer of housing can be voluntary or forced.

 VoluntaryForcibly

Transfer grounds	Parental Agreement	Official decision
Registration procedure	Certification of a written contract by a notary	Order of the court or bailiff service
Purpose of transfer	Providing housing or rental income	Paying off alimony debt
Transfer procedure	Re-registration of ownership	Confiscation and sale

The main motives for concluding an agreement on the voluntary transfer of real estate are:

• the father’s desire to provide living space for the child;
• receiving regular rental income;
• opening a bank account (using funds from the sale of an apartment with subsequent accumulation);
• compensation by the parent for the inability to provide monthly maintenance for the children.

The compulsory method is used in relation to defaulters provided:

• lack of regular income;
• evasion of alimony payments;
• huge debt and the impossibility of repaying it.

The coercion method is usually the most extreme measure. If the debtor seeks to reduce the amount of debt through constant payments, the court is likely to refuse the bailiff to issue permission to sell the payer’s apartment.

What kind of housing can be used for alimony payments?

The law allows any transactions with housing, subject to the citizen’s right to personal property. Transactions to replace alimony payments with an apartment or house are no exception.

The following categories of real estate are allowed to be provided in exchange for monthly payments:

1. Housing purchased before registration of official relations.
2. Property accepted as inheritance.
3. An apartment received under a gift agreement.
4. The share of joint property of spouses in residential premises.

Housing with a mortgage takes a special place among real estate. Such living space has an alienable character.

The notary will refuse to certify the agreement on the payment of alimony by providing the property itself, taken on credit. In this situation, the apartment is in collateral.

If it is impossible to fulfill loan obligations, ownership of the housing will transfer to the bank, therefore, the interests of the minor will suffer.

Methods of transferring housing

The Family Code of the Russian Federation sets out all options for paying alimony that are suitable for the claimant and the payer.

The purpose of transferring an apartment or house in exchange for alimony is:

• debt elimination;
• partial fulfillment of alimony obligations;
• full payment of the amount established by law and release from further penalties.

Condition for the annulment of parental responsibilities for financial support of the child: the cost of the apartment must be greater than or equal to the amount of alimony for the entire period.

It is allowed to rewrite residential property by concluding the following documents:

1. An agreement that records the transfer of ownership to a son (daughter) or the fact of transfer of funds from the sale of an apartment.
2. An agreement to donate a share or housing entirely in the name of a minor in exchange for payment of alimony.

In order for documents to acquire legal force, they must be taken to a notary office for verification. If the child’s property rights are respected, the notary certifies the papers.

Only children should be given real estate to pay off child support. If the former spouse becomes the owner, the father is still obliged to transfer part of the income to support the child.

How to register the transfer of an apartment for alimony

If the ex-husband and wife maintained good relations after the breakup of the family, they can verbally agree on the transfer of housing instead of regular payments. An oral agreement will not be considered official even if the ownership of the child is registered. Parents have the right to give their children part of the property, however, such a transfer does not constitute fulfillment of alimony obligations.

The most reliable way for the payer to avoid claims from the ex-wife is to enter into an agreement at a notary’s office. In the presence of a notary, the contract has the necessary legal force.

The sequence of actions for transferring property consists of the following steps:

1. Agree on the execution of a notarial agreement.
2. Collect the necessary documents.
3. With the help of a notary officer, agree on the text of the agreement.
4. Sign a bilateral contract.
5. Draw up a contract of donation or gratuitous transfer of housing in the name of a minor.
6. Sign a receipt stating that the parent with whom the child remains to live has no child support claims.
7. Take a document that clearly states that the property goes to cover alimony.

A well-drafted agreement guarantees respect for the rights of the child and his parents (both the payer and the recipient).

The procedure for transferring part of an apartment for alimony

When voluntarily replacing alimony obligations with the transfer of housing, the mother and father agree on the details of the procedure. The price of real estate is set by them independently, taking into account the market value of similar residential space or with the help of a qualified appraiser. In the event of a conflict situation, the expert’s conclusions will become the basis for determining the price when going to court.

The agreement on the replacement of alimony is drawn up according to a certain model. The document contains the required information:

• information about the identities of the parties (full name, registration address, passport details);
• child’s details (full name, date of birth, birth certificate);
• subject of the agreement (what is being transferred, cost);
• transfer deadlines;
• period of validity of the contract.

Often in practice, former spouses confuse the division of jointly acquired property in the form of residential premises with the provision of a share to a minor for monthly payments.

As a rule, the parties receive 1/2 of the apartment (house). In some cases, the court may increase the share of the parent raising the child. Children do not participate in the division of property.

The portion of housing received by the mother will not be counted as part of child support payments in the future.

When a waiver of alimony in favor of an apartment is invalid

An agreement to transfer an apartment to cover alimony payments does not guarantee complete release from obligations to provide for the child.

According to the law, the payment for one child is 25% of the salary (total income) of the payer.

If the income of the alimony increases some time after the apartment is provided, then the mother has the right to go to court to demand the resumption of payments.

When the income increased to 100 thousand rubles per month (the monthly payment by law from this amount is 25 thousand rubles), the claimant filed a claim for indexation of alimony.

Providing real estate in this case violates the child’s rights to decent material support.

A waiver of alimony is also invalid in the following cases:

• serious illness or disability of the parent raising the child;
• illness of a child that requires additional financial assistance (Article 85 of the Family Code of the Russian Federation establishes the payment of alimony for disability even after adulthood).

Applying to the court for additional funds is justified if the cost of the apartment received does not cover the payments due for a certain period of time. If the transferred amount is greater, even taking into account the father's increased income, then the judge may refuse the mother's claim.

The payer can challenge the claims of the former spouse if he considers that the amount of funds for child support is unreasonably high (or payments are spent on the needs of third parties). To prove his case, the father should provide the court with a table calculating the children's needs and the cost of goods (services).

In a situation where a man profitably sold a home that was given to him after a divorce and then bought a new one, he needs to prove that the transaction was not made to generate additional income. Otherwise, he will have to pay part of the proceeds from the sale as alimony.

Collection of alimony debt by transfer of property

If there is a debt under parental obligations to support a child, the law allows the debtor’s property (including real estate) to be taken away and sold.

The amount of alimony debt is:

• late monthly payments;
• penalty (0.5% for one day of delay);
• losses of the claimant in accordance with Article 115 of the Family Code of the Russian Federation.

According to the law “On Enforcement Proceedings,” payment of alimony is initially provided through bank savings or part of wages. The debtor’s only home is prohibited by law from being taken away.

The procedure for repaying debt from property consists of its seizure and further sale at open auction. The value of the property must be equal to the amount of the payer's debt. Real estate valuation is carried out by an expert at the invitation of an official of the bailiff service. After purchasing an apartment, the citizen who purchased the property transfers the necessary amount to the bailiff.

The money received from the sale is transferred to the claimant. The balance after full repayment of the debt is taken by the payer.

The nuances of refusing living space to pay for alimony

In the case of re-registration of real estate in the name of a child, the former owner must understand that the presence of a simple receipt refusing to receive regular payments does not have the legal force of a waiver of alimony.

For example, after a divorce, a woman and her son remained to live in an apartment, half of which belonged to her as joint property.

The spouse paid the maintenance of the minor on time. Wanting to receive residential premises as personal property, the mother suggested that the father give his share as a gift to the child.

The man renounced his share in favor of his son and notarized the donation, receiving a receipt.

After some time, the woman went to court with a demand to recover child support. The judicial authorities ordered the ex-husband to transfer part of the income monthly in favor of his son, despite the presentation of a receipt waiving alimony payments.

The legislator allows, if the rights of minors to decent living conditions are respected, to replace regular alimony payments with the transfer of real estate. Competent refusal of residential premises for alimony with the consent of the parties helps to resolve problematic issues of child support.

Waiver of alimony in favor of an apartment

Article 190 of the Family Code of Ukraine provides for other possibilities for a parent to provide for a child, in addition to alimony. According to this article, child support payments cease as soon as the child becomes the owner of real estate.  

How is a child’s accession to property rights carried out?

Article 190 of the UK regulates this process. Former spouses who have a child together, including one living separately from him, and living with him together, as a single family, having received the consent of the guardianship and trusteeship authority, enter into an agreement with the help of a family lawyer.

According to the agreement concluded between the parties, the alimony obligations of the father or mother in favor of the child end, since instead of them the parent transfers to him the property rights to the real estate.

The contractual agreement concluded by the former spouses, prepared by an independent family law attorney, must be certified by a notary and registered in the legislative procedure for registering ownership of real estate. When concluding such a transaction with a notary, the latter immediately issues a document - an extract from the State Register of Rights to Real Estate, which will indicate that the child will be the owner of the property.

At the same time, concluding a transaction with a notary makes it necessary to pay a state fee in the amount of 1% of the value of the property being transferred - in the case of concluding an agreement in a state notary office or the cost of services of a private notary, which is usually the same amount. 

The legislative norms regulating the alternative to the alimony obligation contain one important nuance: you can take advantage of its opportunities only if the person who wants to give the property to his child has another home. That is, the law does not apply to the only home of the alimony payer.  

I would also like to draw your attention to the fact that if a parent who transferred his property in favor of a child is removed from the deed record, the contractual agreement on this is terminated in court due to its recognition as invalid.

A piece of real estate transferred into the ownership of a daughter or son will be returned to the previous owner by decision of the court. An agreement on the transfer of ownership of a piece of real estate to a child is drawn up by his parents until he turns 14 years old.

 Let me remind you that from the age of 14 he himself participates as a party to this agreement. It is important to understand here that a parent is obliged to support, in some cases, his child even after his 18th birthday.

An item of real estate transferred by an alimony payer, who thereby wishes to put an end to his alimony obligations, is registered in ownership in two ways: 

• as in favor of only the child, 
• and in favor of the child and the parent with whom he lives together. 

In the latter case, they will own the property on the basis of common shared ownership. 

In the matter of a complete refusal to pay alimony, the following should be indicated . Payment of child support is the absolute responsibility of the parent living separately from the child.

Let me also remind you that when setting the amount of alimony, the court takes into account several circumstances: 

• how the child feels and how well he is provided for financially; 
• the health status of the parent who is entrusted with child support obligations, his financial situation; 
• the fact that the alimony payer has other children in need of material support; 
• the fact of having relatives who are disabled (these categories include: spouse, father, mother and children of the alimony payer); circumstances of a different kind that could affect the verdict of the court.

If the judge is satisfied that the parent obligated to pay child support in favor of his child living with his former spouse has a poor financial situation or his family situation does not allow him to fulfill his child support obligations in full, this becomes the basis for reducing the amount of payments, but not to stop them completely. Also, an experienced family lawyer can initiate, in the interests of his Client, a procedure for changing the method of paying child support, say, from wages to a fixed sum of money or vice versa.

Unsatisfactory financial situation to the following factors:

• lack of work and, as a consequence, lack of wages from the alimony payer;
• the presence of a dependent disabled mother or father for whom he is caring. 

The family circumstances of the alimony payer, which may influence the judge’s verdict to reduce the amount of alimony payments, include, for example, the fact that in addition to this child there are other children in need of financial support. 

Finally, you need to pay attention that the conclusion of an agreement by the former spouses on the transfer by one of them - the parent living separately - in favor of a son or daughter of a piece of real estate, frees the donor from further fulfillment of alimony obligations in favor of the child, however, he will be the same as first, is obliged to bear additional costs for its maintenance. Real estate received in accordance with the concluded agreement until the child reaches the age of majority may be alienated. However, this will require the consent of the guardianship and trusteeship authority.

Alimony. Apartment for alimony payments. — Alimony

Sent May 23, 2012 — 11:49

Good afternoon! Is it possible to give away your part of the apartment to pay off alimony, and if possible, how can you prevent your ex-wife from filing for alimony again after a while?

Sent May 23, 2012 — 20:28

Hello. It is possible.

Article 104. Methods and procedure for paying alimony under an agreement on the payment of alimony1. The methods and procedure for paying alimony under an agreement on the payment of alimony are determined by this agreement.

2. Alimony may be paid in shares of the earnings and (or) other income of the person obligated to pay alimony; in a fixed sum of money paid periodically; in a fixed sum of money paid at a time; by providing property , as well as in other ways regarding which an agreement has been reached.

An agreement on the payment of alimony may provide for a combination of different methods of paying alimony. So if the ex-wife agrees to receive a share of the apartment as alimony, then you can conclude an agreement with a notary.

Posted May 27, 2012 — 11:45 pm

Hello!
The situation is essentially the same. My ex-wife is asking for my share in the apartment to be transferred to her as alimony. The problem is that there is already a court order to pay alimony in the amount of 25% of my income. The division of the apartment is coming and she urgently (before the official division) asks for the conclusion of such an agreement. This is very suspicious to me, since, as far as I understand, the court’s decision to pay alimony is somewhat more important than the later concluded agreement to pay alimony by transferring part of the housing. In fact, I agree to the transfer of property but only on the condition that my alimony obligations are actually lifted.
Question: what is the procedure for an agreement on the transfer of property to pay alimony, if 1. - there is already a court decision on 25% of my income
2. - the division of the apartment is imminent, according to which both I and she should receive half each
(at the same time she says that if I don’t hurry up with concluding an agreement, then in court she will demand 2/3 of the apartment - 1 for herself, 1 for the child and 1 for me)
Thanks in advance!

Posted May 28, 2012 — 00:03

Hello. Property is divided only between spouses, that is, the child is not entitled to a share in the division of property. Here the wife is being disingenuous. Next: the apartment is in dispute, so on the contrary, you need to wait for the court’s decision that 1/2 of the apartment becomes your property. The court decision will be a document of title, and you can present this document to the notary as proof that you really are the owner of the share. The haste on the part of the wife in this regard is incomprehensible, either she is mistaken or is pursuing some of her own interests.

as far as I understand, the court decision on the payment of alimony is somewhat more important than the later concluded agreement on the payment of alimony by transferring part of the housing

Both the court decision and the alimony agreement on the transfer of a share of the apartment for alimony have equal legal force. Unless a contradiction arises between these two equivalent documents. But here you can demand the cancellation of the first court decision as a condition for concluding an alimony agreement.

Posted May 28, 2012 — 00:54

Thank you very much!
The problem is that my wife was already “caught in the act” when her lawyer drew up an agreement on the division of a jointly owned car on conditions that were extremely unfavorable for me. I'm reading legal forums now and everyone says differently. The main problem, as far as I understand, is that even if we enter into an agreement to transfer my share of the apartment to the child as alimony until adulthood, I have no guarantee that she will not sue again, citing the fact that the interests of the child were infringed. Is it so? Moreover, the practice of such cases is small and it is extremely difficult to hire a lawyer to draw up such an agreement that would maximally protect my interests. But I can no longer trust my wife’s lawyer and I don’t want to. He offers extremely vague wording and does not say anything about the fact that the agreement cannot be terminated unilaterally, for example, the wife received property under it and again applies for alimony. I don't understand this approach. Please advise what actions should I take after the court's decision to divide the apartment? Is it enough to simply conclude such an agreement and do I need to come to court with it so that bailiffs do not suddenly come to me with a debt and accrued pennies?

Posted May 28, 2012 — 01:33

I have no guarantee that she will not sue again, arguing that the interests of the child were infringed. Is it so?

Yes. But everything here is ambiguous and difficult to calculate. For example, your child is 3 years old, which means you have to pay child support for another 15 years. 1/2 of an apartment, for example, costs 1,000,000 rubles. You transfer it to your wife with the intention that this transfer for alimony will be a one-time transfer and there is no need to pay more alimony.

Then you get a job with a salary of 80,000 rubles. The standard alimony rate in this case is RUB 20,000. per month. It turns out that by transferring a share of the apartment as alimony you paid 1 million/20 thousand = 50 months, that is, only 4 years and 2 months in advance (and not 15 years, as expected).

This is what is meant by violation of the rights of the child. And if the official salary is small, then a share of the apartment for alimony may be enough.

Is it enough to simply conclude such an agreement and do I need to come to court with it so that bailiffs don’t suddenly come to me with a debt and accrued pennies?

Posted May 28, 2012 — 01:45

Ugh.
There are indeed a lot of legal subtleties. Both my ex-wife and I are equally interested in me transferring and her receiving a share in the apartment. Especially considering that she is a wealthy woman, she fully provides for the child, and I have debts. The child is 7 years old. All I can pay now and in the near future is the minimum cost of living - in the amount of 5,700. The official salary is 10,000. I understand perfectly well that someday the situation may change and my wife and I may begin to receive completely different amounts. Alas, everything cannot be taken into account. I was offered the following option: Conclude an agreement on the payment of alimony in a fixed fixed amount. Then an agreement on the purchase of part of the apartment by my ex-wife from me and an agreement on the transfer of the amount received for the apartment as alimony until the child reaches adulthood.
(At the moment, the proceeds from the sale of part of the apartment approximately coincide with the amount that I would have to pay for alimony) Again, how legal is this and does it not infringe on the rights of the child as such?
Thanks for the link, I read everything.

Posted May 28, 2012 — 01:54

I was offered the following option: Conclude an agreement on the payment of alimony in a fixed fixed amount. Then an agreement on the purchase of part of the apartment by my ex-wife from me and an agreement on the transfer of the amount received for the apartment as alimony until the child reaches adulthood.

Why is this sequence better than simply transferring a share of the apartment for alimony? Judge for yourself: You have been asked to do three things: 1. Conclude an agreement to pay alimony in a fixed, fixed amount.2. Conclude an agreement on the purchase of part of the apartment by the ex-wife.3. Conclude an agreement to transfer the amount received for the apartment as alimony until the child reaches adulthood. And what is the advantage? With such actions, you will generally end up with 3 enforcement documents on alimony: a court decision and two different agreements. In my opinion, it’s some kind of bullshit, excuse the expression.

Article 104 of the RF IC. Methods and procedure for paying alimony under an alimony payment agreement2.

Alimony may be paid in shares of the earnings and (or) other income of the person obligated to pay alimony; in a fixed sum of money paid periodically; in a fixed sum of money paid at a time; by providing property , as well as in other ways regarding which an agreement has been reached.

It’s simpler here: you and your wife determined the cost of the apartment share by agreement of the parties, and that’s it - this amount was counted towards alimony when transferring the apartment share. This is legal and quite realistic, and there is no need to take the three suggested steps.

Posted May 28, 2012 — 02:03

Thank you! This means that if we conclude a new agreement under Article 104 of the RF IC on the payment of alimony by providing property, in the future she does not have the right to demand that I pay alimony again? And what are the chances that the court will recognize this agreement in the interests of the child and cancel the order to pay 25%?

And one more question, sorry.

In St. Petersburg, oddly enough, there are not many lawyers who have similar practice and will undertake to draw up a legally correct agreement (I will not undertake this myself, I am afraid of making a mistake). Perhaps you can recommend someone who will take on this matter? And what is the approximate cost of such a service?

Posted May 28, 2012 — 02:14

This means that if we conclude a new agreement under Article 104 of the RF IC on the payment of alimony by providing property, in the future she does not have the right to demand that I pay alimony again?

Right. This is why I gave you the arithmetic. The only question is WHEN she can demand alimony.

If you have a high-paying job, then through the court you can return to alimony in a shared ratio (after the cost of the apartment ends, let’s say).

But if your income remains at approximately the same level, then you have no right.

Perhaps you can recommend someone who will take on this matter? And what is the approximate cost of such a service?

We'll take it. Cost = 1500 rub. Conditions here: Drawing up documents online

Posted May 28, 2012 — 02:35

Thank you, I understand. How can I contact you on Skype? I just found out that my ex-wife is seeking arrears in alimony payments. Accordingly, the question is: should I pay based on the average salary according to Goskomstat (as my ex-wife believes) or based on 25% of my salary? (court decision on 25% of income)

Posted 28 May 2012 - 02:41

Yes, as far as I understand, she is looking for debts in order to provide them on the day of the court about the division of the apartment.
By this time I will pay off the debt. But the fact itself suggests that she wanted to award herself a little more than 1/2 of the apartment in order to pay off the debt (I’m finding it out now, but it’s definitely not very large).

Posted May 28, 2012 — 06:14

How can I contact you on Skype?

Skype is listed at the bottom of the page: bruskovpavel

Should I pay based on the average salary according to Goskomstat (as my ex-wife believes) or based on 25% of my salary? (court decision on 25% of income)

1/4 of earnings, as specified in the law and court decision. That is, if you had income, then 1/4 of it. If for some period there was no income, then only according to the average salary in Russia (Part 4 of Article 113 of the RF IC).

she is looking for debts in order to present them on the day of the court about the division of the apartment

The presence of alimony debt will not affect the division of the apartment in any way.

She wanted to pay herself a little more than 1/2 of the apartment in order to pay arrears of alimony...

This is where she is mistaken.

Sent May 28, 2012 — 12:58

Hello again!
I will be able to contact you in the evening to discuss all issues, I have not been able to do so before. I received the following message from BZ, this is a comment from her lawyer) 1. Until the expiration of 3 years or the division of your jointly acquired property in any other way, you have the right to divide in any way at your discretion (I remind you about the agreement about the car) 2. The courts make decisions taking into account the interests of the child (such there is practice), especially in the case when the father pays alimony in bad faith and does not participate in raising the child 3. Now we offer division on mutually beneficial terms - we save time and nerves, Konstantin - money, receiving a waiver of alimony for the cost of the share, significantly less than the amount alimony until adulthood, if a trial begins, then we are not interested in concluding this agreement, as a result we will fight a) for a division taking into account the interests of the child b) for the right to live with the child in a room c) for the allocation of part of utility payments to the second owner d ) for collection of alimony debt, including penalties e) for a ban on traveling abroad, etc. 4. I don’t understand how, with an agreement to waive alimony signed in front of a notary, you can then claim it; this deal can only be challenged by the child or Konstantin , the first one cannot, since she has not reached the age of majority, and only you can act on her behalf, and you just signed this deal, but he cannot, since it is categorically not profitable for him - in this case, he receives a piece of paper and must pay all debts, she urgently insists on signing the agreement.

Sent May 28, 2012 - 18:27

The division of property and the collection of alimony are two unrelated things, I repeat. This lawyer simply collected everything he could. The law contains such a line about the division of property taking into account the interests of children (Article 39 of the Criminal Code), but it is not applied in practice, I myself have been sued on it more than once. There was a case - a year ago the Supreme Court once made a decision where it divided the property not in half, but slightly in favor of the mother. The decision is a little strange, it’s a little dirty, but the point is that ordinary district courts don’t use this line anyway. What is her interest in this agreement?

Her interest is in not going and collecting papers for the court and not wasting time and money on it, as she said. Accordingly, she suggested:

It is impossible to refuse alimony, therefore we equalize payments for the apartment with payments for alimony and sign 3 documents at the same time: 1. Separation Agreement2. Application for refusal of judicial division of the room3. Alimony agreement

These documents will include the amount paid for the room until the child reaches adulthood as child support. These are two separate documents. Is this possible given that I will be protected from reapplying for alimony from the BZ?

Posted May 29, 2012 — 07:53

Is this possible given that I will be protected from reapplying for alimony from the BZ?

You will never be protected from filing a child support claim again. It can be served again and again, any number of times. Collect alimony as a share of earnings, switch to alimony in a fixed amount, increase the amount of alimony, etc. The child's mother can sue the father with such claims if she wants.

Sent May 29, 2012 - 15:47

You will never be protected from filing a child support claim again. It can be served again and again, any number of times. Collect alimony as a share of earnings, switch to alimony in a fixed amount, increase the amount of alimony, etc. The child's mother can sue the father with such claims if she wants.

Can you draw up agreements in such a way that if a claim for alimony is filed, the agreement on the apartment will be “rolled back”? Those. the second party would lose the property acquired through the agreement.

Sent May 29, 2012 - 16:01

Here you will have to work on the wording. I think this moment can be played out.

Sent May 29, 2012 - 19:11

Here you will have to work on the wording. I think this moment can be played out.

Will you take it? How much will it cost? What are the deadlines for compilation?

Refusal of an apartment for alimony: agreement on payment and transfer of property

The obligation to pay alimony in favor of children is provided for by the Family Code of the Russian Federation. If the child’s parents were unable to independently agree on voluntary payments, then the magistrate comes into action, assigning regular deductions in favor of the children from the income of the negligent parent.

The advantage of a voluntary agreement is that the mother and father can independently determine what type of assistance will be provided. It is even possible to give up an apartment to pay for alimony.

Introduction

Whether property can be transferred to a child as alimony depends on the basis on which financial obligations arose.

If the former spouses have drawn up a settlement agreement and notarized it, then such an opportunity exists. This right is provided for in Art.

104 of the RF IC and reports that when drawing up agreements between husband and wife, the parties can determine the following types of financial support for children:

• regular deductions as a percentage of the official earnings of the second parent;
• payments in fixed amounts, transferred periodically;
• one-time cash assistance equal to the amount of regular payments for several months (and even years);
• instead of cash child support, an apartment is issued for the child;
• using several options for collecting funds from the alimony payer simultaneously.

Attention! The Code stipulates that such an agreement may provide for other ways to support the child. Parents are free to independently determine the payment procedure.

If the parties decided not to formalize notarial agreements, but immediately went to court, then the procedure for assigning alimony obligations will be slightly different.

Having considered the claim, the judge can only impose monetary obligations, that is, force the second parent to make regular deductions from wages to the account of the legal guardian of his child.

The apartment cannot be re-registered in this way for alimony payments.

If the ex-husband evades the obligations entrusted to him, as a result of which it took a long time to form, then the baby’s mother can apply to the FSSP for forced collection of funds. One of the ways to compensate for debt is to seize the debtor’s property. And only in this case can you get housing instead of alimony.

Is it possible to pay alimony with property?

As noted above, housing purchased for alimony can only be registered by drawing up a voluntary agreement between the children’s parents. But the following principles of the procedure must be taken into account:

• the property must be in full possession of the alimony payer;
• It is not allowed to sell objects purchased on credit until the debt is repaid;
• the contract must be approved by a notary;
• this is a special type of transaction, which is called an agreement for the payment of alimony (registration of a gift will not be considered assistance in lieu of alimony);
• Participation in the transaction must be voluntary on both sides.

The RF IC directly states that an apartment can be transferred to children to pay alimony, but in practice, a notary often refuses to certify such agreements.

This is due to the fact that special legal acts indicate that alimony is targeted financial assistance that should be used to meet the basic needs of children (nutrition, education, development).

Referring to this definition, lawyers point out that the resulting apartment (or other property) will not compensate for these needs.

Although, if the child’s legal representative does not have his own square meters, then such an acquisition will be very useful.

For parents in this situation, there is only one way out - searching for a notary who will agree to sign the agreement.

Is it possible to issue a waiver of alimony on account of an apartment or house?

The law provides for the possibility of formalizing a refusal of alimony payments.

This is an official document that reflects the reluctance of the legal representative to receive funds from the ex-spouse.

One of the grounds is the execution of an agreement on the payment of child support by providing property. The procedure will look like this:

• the child’s parents go together to a notary’s office, where they sign and approve an agreement on voluntary financial assistance to their children together;
• the contract stipulates that instead of regular and one-time sums of money, real estate will be given to the child to own;
• the notary approves the agreement with his signature and seal and enters information about the agreement into a unified register;
• after this, the child’s legal representative prepares a letter of refusal, which is also approved by a notary.

Important! In order for a lawyer to agree to sign a document, it is better to conduct an up-to-date assessment of the property and calculate over what period of time its value covers regular alimony payments. It is better to issue a refusal for the same period of time.

On the other hand, if the spouse issued a deed of gift in the name of the child, and the spouse wrote a receipt in response that she would not claim financial assistance, then the alimony payer may end up with nothing. Receipts have no legal force, and donation does not apply to alimony obligations.

Therefore, if the baby’s mother subsequently goes to court to receive regular payments, the judge will grant her claim and impose an obligation to regularly pay child support.

What can be grounds for refusing child support?

The purpose of child support payments is to provide children with an adequate standard of living, as well as provide opportunities for comprehensive development. Therefore, in practice, refusing to receive financial support is very difficult.

In order for such a decision to be satisfied, it must be confirmed that the legal representative can independently and fully provide for his children.

So, there are several mechanisms of action in such situations:

1. Avoid going to court or drawing up a voluntary agreement. If the child's guardian decides that he does not want to receive support, then he should simply avoid initiating payments.
2. If the dispute is considered in court, a refusal can only be issued by providing proof of personal financial independence. If the court decision has already entered into legal force, then only after the child reaches the age of majority can one stop receiving money.
3. When drawing up a voluntary agreement, the parties can independently stop payments. But this method does not have documentary evidence, and therefore the alimony payer risks earning a considerable amount of debt.

As a general rule, deductions will be terminated only in the following cases:

• the child is 18 years old;
• death of the alimony payer or recipient of financial support;
• adoption of a baby by another man;
• termination of the voluntary agreement;
• the occurrence of grounds for cancellation of the contract, which are specified in its content.

Thus, refusal is possible, but it is extremely difficult to formalize it in practice.

Reimbursement of alimony debt with property

The formation of the amount of debt begins at the moment when the legal guardian of the children applies to the court for payments or from the moment of signing a voluntary agreement on the procedure for providing assistance.

If the former spouses have maintained normal relationships, then they independently regulate the order and amount of payments.

Otherwise, the woman has the right to contact the bailiff service, whose competence is the compulsory collection of debt.

FSSP employees can use the following measures of influence on debtors:

• seizure of the owner's real estate (the total value of the seized assets cannot exceed the amount of debt);
• making a decision on the sale of seized material goods.

Important! The bailiff service will sell housing at a market price, which may be lower than the assessed value of the property. If the funds for purchasing an apartment exceed the amount of the debt, then a share of the funds is transferred to the legal representative of the children, and part is returned to the alimony payer.

The following objects and values ​​may be subject to sale:

• personal apartment (or share of real estate);
• a private house;
• non-residential buildings;
• transport (except for means used to earn income);
• bank accounts;
• jewelry.

Whether the alimony payer’s only home can be taken away for alimony debts depends on the individual circumstances of the case. Thus, if the alimony payer is a claimant for an inheritance in open proceedings, then his property may be seized after taking inheritance rights to another home.

In general, the legislator provides for the following categories of property in respect of which compulsory debt collection measures cannot be applied:

• a residential building in which the alimony payer and members of his family live, if there are no other residential buildings and apartments;
• a plot of land on which the debtor’s only residential building is located;
• personal items and things necessary for life;
• Pets;
• tools;
• personal identification marks.

Based on the above, an agreement to transfer property for alimony can be drawn up, but it is difficult to find a lawyer who will satisfy the deal. And issuing deeds of gift and receipts is an unreliable method.

Also an unreliable option is to stop payments if there is a writ of execution to receive financial support. It is likely that over time the children's legal guardian will want both housing and additional assistance.

Transfer of an apartment to pay alimony

The agreement to pay alimony is concluded in writing and is subject to mandatory notarization. Failure to comply with the notarial form of the agreement entails its invalidity. The list of methods for paying alimony is not closed.

So, if the parties have agreed to pay alimony in a fixed amount of money, payable periodically, then the frequency of payments is determined by them at their own discretion, taking into account circumstances of a property and personal nature (for example, monthly, quarterly, etc.).

It is possible to provide for the payment of alimony using a certain number of minimum wages (for example, monthly in the amount of double the minimum wage established by law).

Specific forms of receiving cash alimony amounts can also be very diverse: cash, transferred directly; in cash in the organization that is the payer’s place of work; by transferring alimony from the organization in which the payer works to the bank account specified by the recipient; by postal order sent to the recipient directly by the payer or the organization in which he works, etc. If alimony is paid by providing property, then in this case there are generally many different options: these can be food, clothing and shoes, medicines, books, as well as things necessary for education and cultural development (musical instruments, school and sports supplies, etc.) etc.). Payment of alimony by providing property can also be made periodically or at a time, depending on the intended purpose and value of the property. In practice, agreements are often concluded on the payment of alimony by transferring apartments, residential buildings, motor vehicles, etc. into the child’s ownership.

That is why it is important to know how to correctly conclude a peaceful alimony agreement. Step-by-step instructions will help you realize your idea. Doing this with proper preparation is much easier than it seems. The most difficult stage is the negotiations between the potential recipient of alimony and the payer of the funds.

Apartment to pay alimony: how to apply, sample

I agree with Nadezhda... who knows what will happen in the country when a child turns 18, maybe with this money he will only be able to buy himself a chocolate bar... Doesn’t the mother pay rent for her children? for kindergarten or school?? ? judging by you, I don’t think that you had a drunken and greedy wife..

. in any case, dresses the child (children), feeds... sweets toys... I don’t think your children are deprived of this... Or you can probably provide you with checks spent on children’s needs if you pay well...

and if it’s 5000, I don’t think she spends 1000-2000 a month on the child

Apartment for payment of alimony

This option is possible, but only if the agreement is signed. Because You have been assigned alimony in a fixed amount; you must comply with the court decision. Next, you sign an agreement to pay alimony and have it approved by the court, i.e. changing the procedure for executing a court decision

Interesting to read: URN and INN certificate on one sheet

Agreement: part of the apartment for alimony

In addition to the voluntary transfer of the apartment as alimony, it can be forcibly collected. In accordance with paragraph 1 of Art. 112 of the RF IC, the arrest and sale of the property of an alimony defaulter is possible if it was not possible to collect alimony in any other way. We will also look at this method in more detail later.

Is it possible to leave the apartment to pay alimony?

The division of property and the collection of alimony are two unrelated things, I repeat. This lawyer simply collected everything he could. The law contains such a line about the division of property taking into account the interests of children (Art.

39 SK), but it is not used in practice; I myself have been sued on it more than once. There was a case - a year ago the Supreme Court once made a decision where it divided the property not in half, but slightly in favor of the mother.

The decision is a little strange, it’s a little dirty, but the point is that ordinary district courts don’t use this line anyway.

Legal Forum – Pravozaschita LLC

Simply put, if the defaulter owns valuable property, it can be seized and sold at auction. In this case, funds are transferred to the claimant in the amount of the existing debt, and the remaining amount from the sale of property (if any) is returned to the owner.

Property for alimony

Important! If the housing transferred as alimony is subject to a mortgage, then the notary will most likely refuse to certify the agreement, since the real estate is alienable in nature. In other words, if loan obligations are not fulfilled, the apartment may be taken away and the child’s rights will be violated.

Apartment as alimony payment: is it possible to replace alimony with real estate?

Housing taken on a mortgage stands apart from the list of real estate to which ownership rights apply. When it is completed, the apartment or house becomes the property of the borrower - this is evidenced by the relevant documents that were signed during the process of concluding a transaction with a credit institution and registration with Rosreestr.

How to transfer an apartment to pay alimony

Citizen of the Russian Federation A.A. Zaitsev, hereinafter referred to as the “Alimony Payer,” on the one hand, and citizen V.V. Belkina, hereinafter referred to as the “Alimony Recipient,” acting for himself, as well as on behalf and in the interests of the minor child D. Zaitseva. A.

_ August 2003 birth, birth certificate entry No. __, entry made by the Chertanovsky Civil Registry Office Department of the Moscow Civil Registry Office on September __ 2003, hereinafter also “child”, on the other hand, in accordance with Art. Art.

80, 99 - 105 of the Family Code of the Russian Federation have entered into this agreement (hereinafter also referred to as the “Agreement”) on the following:

How to register an apartment to pay alimony

Such situations are rather an exception to practice than a rule (Article 39 of the RF IC). In this regard, you should not assume that during division a certain part belongs to the child and that child support obligations are counted against this.

Conditions for the invalidity of a waiver of alimony on account of an apartment Drawing up an agreement on the offset of claims is not always a guarantee of termination of the relationship. The amount of alimony is calculated as a fixed sum of money or a share of earnings.

An agreement is concluded with the mother to donate part of the apartment worth 3 million rubles. to pay child support when the child reaches the age of 15.

Transfer of property to pay alimony

The use of this method is possible only if a huge amount of debt has accumulated, which includes monthly cash payments, penalties and fines for failure to fulfill obligations. In addition, a penalty for late transfer of funds is taken into account.

Transfer of real estate for child support

An agreement on the payment of alimony with property is drawn up according to the established template. It is important not to confuse the division of joint property with the transfer of funds for the maintenance of minors.

The husband and wife independently determine each person's share in the jointly acquired property. By law, each of the former spouses is entitled to 50% of the common property, unless other conditions are specified in the contract.

In some cases, part of one party's property may be increased by a court decision.

Waiver of alimony for an apartment, house and other real estate

In certain situations, the court may, by its decision, increase the share of one of the parties. This happens in cases where, for example, one child remains to live with one of the parents, and three with the other.

Such a decision is made by the court in order to protect the rights and interests of minor children. However, when dividing property, it does not mean that a certain part of it belongs to the child.

There must be an indication that they cover alimony obligations.

How to correctly write a refusal of an apartment on account of alimony

A divorced parent living separately from the family with children is obliged to support them.

Payments are made mostly in cash, but it is possible to give up your part of the living space or provide the child with an apartment, when these actions are counted as alimony.

The procedure is not as simple as it might seem at first glance; everything must be formalized legally for the contract to be considered valid.

Apartment instead of alimony - necessary conditions for the transaction and procedure

10 Nov 2018 uristland 149