Can and how to sell an apartment if there is a proportion of a minor child in 2023 - sale of an apartment with a proportion of minor children

23.02.2022, Saska Bukaska

To sell an apartment with a minor ' s share, it is necessary to:

1. To obtain the prior consent of the guardianship authorities by collecting the necessary documents.
2. To enter into a contract for the sale of a transaction with mandatory notarization.
3. Register the transfer of ownership.

Real property, partly owned by children, is a transaction that requires compliance with the specific requirements of the law; the problem of selling an apartment with the proportion of a minor child is not uncommon today.

The seller has to comply with specific conditions, but the buyer fears that the transaction will subsequently be cancelled if the rights of the small owner are infringed.

We'll tell you what to do if the child has a share in the apartment: how to sell it and what documents to prepare for it.

Legislative framework

Under article 60 of the Family Code, persons under the age of 18 have the right to own property, but under articles 21 and 28 of the Civil Code, only the mother, the father or both (if any) may dispose of such property before they have full capacity.

From 14 to 16 years of age, a minor is allowed to carry out small transactions that do not require State registration; thus, he or she cannot authorize the sale of the minor ' s share.

It's important!Children ' s property is usually shared with their parents, and although the latter are legal representatives, they have no right to own their son ' s or daughter ' s property; they can only be ordered in their own parts.

Therefore, under article 21 of Federal Act No. 48-FZ of 24 April 2008, transactions involving the disposal of children ' s property require the prior authorization of the guardianship authority.

How do you sell an apartment in equity property?

How to sell an apartment with an underage child ' s share

In order to obtain the consent of the guardian for the sale of the minor ' s share, the following conditions must be met (to choose):

• To prove that the child has a place to live (real property is not the only one);
• Provide him with a similar space in another facility (e.g., the second parent ' s house, grandparents);
• Put in his personal account the amount corresponding to the part sold, subject to personal access at the age of 18.

But even if they are implemented, they can be refused.

Possible reasons for the refusal of guardianship authorities

Reasons:

1. The allocation of the percentage of children for the sale of an apartment must be implemented in a timely manner. The option of a time-delayed mortgage is not appropriate. By the time the old property is sold, the small owner should already have his or her share of the new property.
2. The sale of a minor's share without the purchase of a new dwelling is not always possible.
3. The new version may appear to be unequal to the body in terms of infrastructure, as is the case if there is no kindergarten near the new house, a school, and there are dangerous facilities (a plant or an abandoned building).

Documents for sale of shares in the minor ' s apartment

The package is not very different for the buyer directly from the standard package, but we will focus on providing the guardianship authorities with their consent. Find out in advance where they take out the children ' s share of the sale permits. See if you need to come directly to the institution or if it has transferred the authority to receive the IFC ' s papers.

The standard list of documents includes:

• a birth certificate for a child (if less than 14 years old) or a passport (if more);
• Both parents ' passports (if the family is complete);
• The death certificate of one of the parents or the court ' s decision to declare him missing (if present);
• A single mother ' s certificate (if the father does not appear in the metric);
• Notarized consent of a parent living separately (in the event of divorce);
• An extract from the EGRN to the facility being sold, with an indication of its owners and a transport licence;
• An extract from the home book;
• Statement.

Finally, it is necessary to attach proof that the child ' s property interests have been respected; this may be an extract from the EGRN to a site where he has a similar area, a preliminary contract for the purchase and sale of new dwellings, with the allocation of a portion, or a contract for the opening of a bank account, accompanied by a statement of the amount held there.

Model application to the guardianship authorities

Usually, the application forms are on the government stand, but we'll get a sample, and by the way, there's no one-size-fits-all form, as long as it contains all the necessary information:

Procedure for selling an apartment with a minor child ' s share

In general, it does not differ from the process of the realization of any property held in equity property, but the intermediate is a notary, who will confirm that the transaction is made:

• With the consent of all stakeholders;
• With the permission of the guardianship authority;
• without prejudice to the interests of any of the owners;
• without negative consequences for the parties.

The contract for the sale of the apartment with the shares of the minor children is made by the notary himself; the parties only provide him with the project; the official must check it; the buyer and the adult salesmen must sign in the presence of the notary; the contract must then be sent to the public registry.

There are nuances in how to sell an apartment with a minor owner of a share, but if his interests are not compromised, there will be no problem.

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1. An application to the guardianship authorities for the sale of an apartment with a child ' s share.

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The fact is that children have limited legal capacity (art. 21 para. 1 of the Civil Code): In general, either parents or guardians express the wishes of their children and sometimes act on their behalf, but custody will be involved in the transaction in one way or another; therefore, with the participation of the children in the contract, it is not sufficient for the seller to dispose of his or her property and the buyer to purchase it.

When the sale of the minor ' s share is permitted

The Board of Trustees must make a final decision as to whether the child ' s share of the dwelling can be sold, which is why it is necessary to ensure that prior documentation is available before visiting the guardianship, which is proof that the child will have a share in the new dwelling.

Pay attention!If custody does not give its consent in writing, its decision can be easily challenged and quashed (if there is evidence) through the courts, and there is a violation of the law, which means that it can also be invoked.

Aware of the need to sell a child ' s share, there are only two ways to do this:

1. When the main purpose is to sell the apartment or its share, in this case there is no place for the minor to register his rights, which means that he needs to hand over some other property (e.g. part of his grandparents ' house).
2. If a two-way transaction is to be made, the sale of an old apartment and the purchase of a new one, the child must have a certain share in the newly purchased dwelling.

The law states that the sale of an apartment or house with 2023 shares of minor children without the participation of guardianship will be prohibited, as before the final decision on the ownership of the property is made, and prior consultation with the guardianship authorities will be required, and the permit will be issued.

That's because parents don't know all the details of the custody deal.

For example,They sell an apartment, and the child buys a room instead of his share, and custody refuses to make a deal because the baby can't live alone, and the room shared with one of the parents is much smaller than his share in the original apartment.

In addition, if half of the property was allocated to children before the property was sold, then the new dwelling should also belong to them by half.

You can't make the share smaller, regardless of the size of the new apartment (if it's bigger).In fact, the child ' s living conditions have improved; for example, he or she will be entitled to 15 square metres instead of 10 square metres.

Such a transaction will be approved by the guardianship authorities without problem.

Preparation of pre-sale documentation

In June 2016, the FP was adopted as number 172, in accordance with which contracts for the sale of real estate, where there is a minor ' s share, must be entered into by a notary, which is why the complete list of documents required to carry out the transaction in this case is much larger.

A permit for a sales agreement from a notary is called a licence; in order to obtain the document, parents are required to come to a notary office.

If they cannot appear on their own behalf, representatives may act on their behalf, in which case the authority to carry out the operations in question must be established.

This possibility is most often required when a lawyer hired by the parents conducts the transaction. In some situations, the involvement of another parent is not required:

• When my mom and dad got divorced, and my dad doesn't want to be involved in raising a kid,
• He's gone missing,
• The father ' s stay in places of deprivation of liberty,
• I don't know if my dad's dead.

In these cases, the second parent must appear before the court alone, but he will have to give the notary more documents.

1. The second parent ' s authorization to carry out a child ' s real estate transaction at a notary ' s;
2. If the father is in another country, a written authorization, which is certified by the Consulate of our country in the parent ' s place of residence, will be required;
3. A court order depriving a second parent of his or her rights towards the child;
4. A judicial decision that leads to the conclusion that the parent is missing;
5. If the reason for not showing up was death, it was enough to produce a death certificate.

Documentation required for custody

The municipalities have the right to make adjustments to the list of documents, which is why it is necessary to specify the complete list in their municipality.

1. Parents ' passports (in the absence of legal representatives or guardians),
2. Marriage certificate (or termination document)
3. Birth certificates for children, and if they are already large enough (over 14 years old), a passport will be required.
4. A preliminary paper on the intention to buy a new apartment and provide the children with the required shares,
5. Statement
6. Technical passport for available accommodation,
7. EGRP certificate for the old apartment,
8. A licence to sell property obtained from a notary,
9. certificates from the personal account and the home book for the apartment to be sold and purchased,
10. A document confirming that the government was listed.

The representatives of the guardianship authorities will carefully examine the documentation provided, equalize the old and new living conditions of the minor children and issue a permit or refusal to carry out the transaction, which is necessary to ensure that the transaction is carried out legally and in the interests of the minor children.

The Inspector will invite parents to fill out a declaration where they promise to act in accordance with the interests of the children and to respect their rights.

Reasons for the refusal of the guardianship authorities to perform the transaction

This kind of deal takes a lot of work, so it's gonna be a shame if the contract breaks down, and for this to happen, you need to know the possible reasons for rejection.

• The new dwelling is bought in instalments, while the former dwelling is sold in full;
• The transaction is carried out through simultaneous sale and donation;
• New housing is being purchased (when the house has not yet been put into operation);
• The new housing area was smaller than the old one;
• The new apartment does not have as much comfort as the old one (e.g. no sewers, running water, etc.);
• In the new neighbourhood, the infrastructure is much worse (for example, there is no school or kindergarten nearby and it is difficult to reach them).

Pay attention!If the parents want to buy an apartment that doesn't approve of custody, they still have one way out, and they have to wait for the youngest child to be 18 years old.

When a refusal is refused, the reason for it must be carefully examined; when the reason is that only a prior contract (not a final contract) has been placed in custody, the act of guardianship is not lawful; the fact is that the characteristics of the preliminary agreement are such that the parties are obliged to sign the final contract under the conditions specified.

If they are denied for reasons that do not correspond to the truth, they should not despair; they should know that such a decision can be challenged in court, in which case a similar package of documents will be filed with the institution concerned; in the proceedings, the parents of the minor children will be the plaintiffs; and in the case of the defendant, the guardianship authorities.

Pay attention!In some situations, there is no need to wait until the child is 18 years old.

Sometimes the children are declared fully functional two years earlier.

1. A person over the age of 16 has entered into marriage;
2. Received the first job with a full social pack;
3. became an individual entrepreneur.

There is no need to authorize custody of the transaction in these situations.

Parents can sometimes agree on special arrangements that meet the requirements of existing legislation, for example if they choose to sell housing but do not want to buy new ones.

Parents in this situation are required to open an account in the name of the children and to place on them the cash equivalent of their share in the old apartment.

At the same time, the bank must set up an account so that only an adult child has the right to withdraw the money from it.

How to prove custody that new living conditions are better

The following factors may be relevant as evidence:

1. New housing is located in an area with improved environmental conditions;
2. The area where the new apartment is located has better climatic conditions;
3. The parents (or one of them) received better paid work in the vicinity of the apartment being purchased;
4. In the new area, infrastructure is better developed (schools or gardens are closer to home, bus stops are greater, there is a children ' s health centre nearby, more shops are more accessible, etc.).

Once permission from guardianship has been obtained, the date of conclusion of the main sales contract may be set.

Transactions procedure

Once a guardian receives the documents from his or her parents, she is given 14 days ' consideration of the package of documents; a permit obtained from the guardian must contain the addresses of the old and new apartment, a clause on the consent of the guardianship authorities to the transaction.

The old owner ' s address is de-counted as follows:

• the parents (or guardians) are the first to be discharged,
• Only after that, children.

Whether or not the child has a share of the property in the old apartment or is simply registered in it, without the consent of the guardian, it cannot be removed from the register at that address. If this rule is not followed, the transaction will not be registered in the registry office.

So, in general, the sale of an apartment in which a minor child owns a share can be divided.In two phases: provisional and final.

Pre-trial procedure

1. In the first place, parents find a suitable place to buy;
2. They then go to the notary with the above-mentioned package of documents to obtain the licence;
3. After the notary, they should visit the guardianship authorities and obtain their authorization to carry out the operation;
4. The parents and their children are then discharged from their old place of residence.

Main-stage procedure

Once all the above-mentioned acts have been committed, the deal itself can be made.

• The main sales agreement is drawn up by the notary, and a certificate of acceptance and transfer is being drawn up; these documents need to be read very carefully so that there are no further problems;
• Parents must bring two applications to the Register Office, one for the sale of their property and the other for the purchase of a new one, where they will be given two full statements from the EGRP, for the old and new apartment;
• The parents send papers to the UFMS to register them with the children at a new address, and copies of the two contracts are provided to the ward to ensure that the transaction is successful and that the rights of the children are not violated.

Conclusion

The sale of property with a child ' s share is somewhat complicated by participation in a custody transaction, but this guarantees the rights of the child; in order to sell such property, parents need to draw up a preliminary agreement, apply for custody to consider the possibility of a transaction, and only then sign a basic contract.

Read also:Processing of the sale of an apartment through a notary

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Sale of an apartment with a minor child ' s share 2023

The sale of shares in an apartment is always a difficult task, and if it is a sale of part of the real estate that belongs to a child, the task becomes more complex.

In addition to the mandatory notarization procedure, without which it is not possible in principle to conduct such transactions, it is important to obtain the written consent of the guardianship authorities, whose employees may prove to be too principled on such an important issue.

The fact is that parents and government officials mandated to protect the rights of minors often have different perceptions of how to improve the child ' s living conditions and respect for his or her rights.

In this article, we will consider how to sell an apartment with a minor's share in 2023, what needs to be done and under what conditions the guardianship authorities will approve the transaction.

Contents

The main difficulty in selling housing that is owned in equity is first and foremost the need for documentation.(and physically)If there is no prior agreement and there are more than one property owner, there may be complications in the seller's relationship with other owners, who may simply oppose any transaction.

Even if the distribution of shares is documented, it often happens that none of the owners can tell exactly where the boundaries of its legal space lie and where the territory of the other owner begins.

However, even after the procedure for allocating "in kind" shares,(and the owner may offer the buyer a specific space to which he or she could dispose)other legislation must be strictly observed.

Articles 244 to 259 of the Civil Code should be studied in order to deal with the legislative framework.

If you refuse to do so, it must be confirmed in writing that the owners of other shares do not object to the conditions imposed and have no claim on the property; it must be borne in mind that all equity contracts must now be notarized.

How to sell the share if the rest of the owners are against it.

If the relationship is such that there is no chance of agreement and no one is going to give a written refusal, a letter should be drawn up proposing the transaction and specifying all the conditions, including the value and location of the immovable property.

Document to be sent with a valuable letter(to each co-owner ' s address)and wait thirty days if no reply is received during this period, the owner is fully entitled to sell his part.

Notification of the letter and the servant will prove that the owner made the proper offer if the disgruntled co-owners decide to go to court.

When selling the share, however, those who are not co-owners should be offered exactly the same terms as those offered to the co-owners.

Situations where another owner is categorically opposed to selling one of the shares are not so rare, but in many cases the right to enforce one ' s share is upheld.

Sale of the child ' s share: restrictive rules from guardianship authorities

If a minor is registered in the apartment and has a share of the property to be sold, there are even more restrictions.

It is up to an adult to decide how he or she will live after the sale of the dwelling, but a child cannot legally be left without a roof over his or her head, even documented.

This means that a child ' s share of real estate can be sold only if he or she is registered and lives at another address, i.e. the percentage sold is not the only dwelling.

The sale of the child ' s property must be confirmed by the consent of the parents(or guardians).

However, in any case, it was not necessary without the permission of the guardianship services, and the procedure must be initiated with a request from the local guardianship authority.

It is worth noting that the transfer of money to a child's account is a last resort, and the guardianship authorities do not always agree with this option.

Necessary documents and basic rule

When applying to the guardianship authorities for approval of the transaction, it is necessary to bring the minor ' s birth certificate, the identity documents of the parents or guardians, the ownership certificates of the dwelling to be sold, as well as the documents for the dwelling; in addition, the special account established in the child ' s name and the checks confirming the receipt of funds in that regard will be required; the account must be established in such a way that only the child may have access to the money after reaching the age of majority.

There is an important rule: if a privatized apartment with a child ' s share is sold, it must have a minimum share in the new dwelling area, and sometimes the apartment is not sold to buy a new dwelling.

In this case, the child must be provided with a share in other real estate or an adequate sum of money in a personal account; only if these requirements are met shall the guardianship authorities be entitled to authorize the transaction.

It is the task of the public authorities to ensure that the interests of minors are respected and that they do not lose their only real estate, or that their living conditions will deteriorate as a result of the transaction.

Reconciliation of the transaction with the guardianship authorities

Sell an apartment with a minor ' s share without the involvement of the guardianship servicesThe best way to achieve what is desired is to have a prior consultation with the guardianship authorities at the stage of intent to sell a minor's share of the dwelling.

It is important to understand in which case permission from the guardianship authorities can be obtained without problems.The most common error is the decision to sell an apartment with a child's share in order to buy a room in his name.

In the case of a single dwelling, the guardianship authorities would never approve such a transaction, since a minor could not live alone, and if a room was divided into two, even with one parent, the child would not have enough square metres.

In any case, difficult issues can be addressed individually, taking into account the current needs of the child and the financial prospects of the parents.

Most common reasons for refusal of approval

If the guardianship service categorically refuses to authorize the sale of the child ' s share, the transaction, even if it takes place, will certainly be illegal.

• First, the guardianship authority will not approve the situation where the old dwelling is sold in full and the new one is purchased in instalments and the child ' s share is not yet available; sometimes the parents decide to sell the dwelling with a child ' s share for the initial contribution to the house under construction by mortgage; if the child ' s personal account does not have an amount equal to the value of the child ' s share, this situation is deprivation of the child ' s dwelling, albeit temporary.
• Secondly, even if the new dwelling is larger than the old one and the child ' s share increases, the guardianship authority will refuse if the property purchased is less comfortable than the previous one.(e.g. large private house without running water and sewage)The same applies if the available social infrastructure is not suitable for the child ' s full development, for example, there is no school, kindergarten or children ' s health centre.

In other words, a minor ' s standard of living after selling an apartment with its share can only be improved and it is unacceptable to change the child ' s living conditions to the worst.

The decision of the guardianship authorities may be appealed to the court

• If there is a strong belief in the unlawfulness of the refusal, it is possible to appeal against the actions of the guardianship authorities before the courts by requiring legal support, since such litigation is not simple and unambiguous.In addition to the package of documents, the following arguments may be used as evidence of the improvement of the child ' s life, first in the custody bodies and then, if necessary, in the courts:(of course, if justified):
• • Improvement of environmental or climatic conditions;
• • Better paid work for parents and better living standards for the whole family;
• • Documented prospects for infrastructure development in the near future.
• The guardianship authorities have a statutory time limit of two weeks from the date of receipt of the application from the parents, accompanied by a full package of documents.

The permit, which is issued in person, must indicate the full address of the previous dwelling and the address of the new apartment or other grounds for the approval, and it will also be the basis for the removal of the minor from the register.

Notarization: Mandatory condition

Any real estate transaction involving a minor must be certified by a notary.

The presence of both parents in the notary ' s presence is mandatory for the assurance of the contract, but if this is not feasible because one of them does not consent to the transaction, he has left very far after the divorce and his whereabouts are unknown, the permission can be obtained through the court.

If a second parent dies, you must remember to bring a death certificate to the notary.(or spouse).

After the contract has been certified by the notary and received(in the same office)The registration of a child at a new place of residence must be completed in Rosreestre, and after all the activities have been completed, it is important not to forget to submit copies of the contracts to the guardianship authorities so that they can record the full replacement of the minor ' s previous property.

Conclusion

The sale of an apartment with a "child share" should start with a visit to the guardianship authorities and end with a visit to the same service.

It is not worth looking for ways of circumventing, as practice has shown that it is much easier to find a way out of legally difficult situations than then to deal with the consequences of an illegal transaction.

Given the fact that this type of transaction is not simple, the best solution would be to engage a professional lawyer.

How do you sell an apartment with a minor's share?

Sales options

The immutable condition of transactions involving children: the minor is bound to receive his share in the new home, and the allocated portion of the property must not be less than the previous one; the deprivation of a child ' s dwelling is expressly prohibited by law.

There are three options for selling the apartment:

1. To grant a child an equivalent share of the property to a relative (e.g. grandmother) if the purchase of a new dwelling is not planned by the family.
2. To provide the child with a share of the new dwelling if the old apartment is to be exchanged for a new one; the legislation allows the children's share of the property to be larger than the previous one, but in no case smaller.
3. Put the cash equivalent of the share in the minor ' s bank account without the purchase of another dwelling; the guardianship authority agrees to this option in extreme cases.

Before you decide to buy a sale, you should consult the guardianship board to make sure that the deal is approved; for example, selling an apartment in Moscow and buying it from another city in a remote area would be problematic.

Preparation of documents

An important rule must be taken into account by the adult owners of the dwelling: a transaction made without the permission of the board of trustees was illegal and was therefore easily annulled by the courts; it was important to comply clearly with the rules established by law in order not to cause unnecessary problems.

Obtaining permission from the guardianship authority

Both parents are required to appear before the Board of Trustees, but this is not always possible; the mother or father may stay abroad for a long time or disagree with the terms of the sale; the case will have to be decided by a court of law.

It will expedite the provision of one of the following documents to the judge:

• The court ' s decision on the deprivation of parental rights;
• Judicial recognition of a citizen missing;
• Notarized consent to the transaction from the absent parent;
• Death certificate.

If one of the owners is against the sale

A privatized apartment is sold with the consent of all owners. If one of them has objections, it will have to operate according to a particular algorithm. First, those who wish to sell their share must notify the dissenting in writing of their decision, since the co-owners have a priority right to ransom.

Second, the seller needs to wait a month for an answer, while other tenants may buy his share or refuse to buy it in writing.

The board of trustees must provide evidence that the other owners are aware of the seller ' s plans as well as their response.

Package of documents

The Guardian Council, like any public institution, would require certain documentation from the applicants; however, the list of documents differed according to the region in which the real estate was located; in order to be interviewed by the persons who had been trained, it was necessary to clarify the information in advance.

The main documents that will be required in any case are:

• The passport of the father and mother (or guardians);
• The birth certificate (passport) of the child;
• A contract for the purchase of an old apartment with an indication of the minor ' s share;
• Tradeable real estate transport;
• BTI statement of estimated value;
• An extract from the EGRP on ownership of the dwelling;
• The removal of the home book and the personal account from the old and new premises;
• A preliminary contract for the purchase of a new apartment;
• A statement stating that the rights of the child will not be infringed;
• The minor ' s written consent if he or she has reached the age of 14.

The authorization by the guardianship authority is free of charge, but it is not limited to meeting in the office.

The authorized inspector will be required to examine the future living conditions of the minor in order to ascertain that his interests are being respected.

Improvement of the child ' s climate or purchase of housing in an improved new structure could be decisive arguments for granting a permit; all the advantages of selling should be detailed in the application.

Follow-up after authorization

The guardianship authority considers the parent ' s application within two weeks, after which it issues a permit for purchase and sale; the document is valid for an unlimited amount of time, but only in relation to the real estate specified in the application; if the family finds a new option, the procedure will have to be repeated.

Step-by-step parental action algorithm:

• The notary ' s contract for the sale of a dwelling, while two deals are being made: the purchase of a new apartment and the sale of an old one.
• Formalization of the ownership of the parties to the transaction.
• Registration of the family to a new address.

It is mandatory to notify the guardianship board of the successful outcome of the transaction, and parents provide the inspector with copies of the contract for the purchase of the dwelling, a certificate of registration, and notification of the child ' s share.

Reasons for refusal

Common reasons for refusal:

• The intention to sell your own apartment and buy another mortgage;
• Buying a new apartment in a housing home that is not completed;
• New housing is smaller than old housing;
• Lack of infrastructure in the new area of residence;
• In future housing, as opposed to the old, there is a lack of communication (water pipelines, sewers).

Sometimes the situation can be resolved by placing money equivalent to the child ' s share in real estate in the child ' s bank account; for example, parents want to improve living conditions and the money from the sale of the dwelling to be used as an initial mortgage contribution; but such an outcome can be considered an exception rather than a rule.

Appeal against decision

Parents who have been refused by the guardian ' s council have the right to fight for a transaction in court.

If they were convinced that the child would benefit from changing living conditions and could document new prospects, they should not be afraid to assert their rights in court.

Of course, the trial may be delayed for several months, but it is not possible otherwise to obtain permission to sell a child ' s share of the estate.

Sell at 16.

Under Russian law, a citizen ' s full legal capacity begins at the age of 18; however, young people today become independent much earlier; a guardianship body (with the consent of both parents) or a court (if there is no written consent) has the right to declare a minor fully competent at the age of 16.

When a minor ' s emancipation occurs:

• Formal employment;
• Entrepreneurship.

From the moment he is declared emancipated, a young man is entitled to all the rights of an adult, which means that he is responsible for his own actions, and that the only thing that remains inaccessible is the rights that are subject to the age limit; for example, obtaining a driver's license, except for certain categories.

Emancipation is not the only way to acquire full legal capacity; a minor who has entered into a legal marriage also acquires the rights of an adult citizen; accordingly, he has the right to sell his real estate; if the marriage is dissolved before the newlywed is 18 years of age, the full capacity is maintained.

Careful: A gift

In case law, parents give an apartment to their underage offspring for good reason, but the child's favourite child sells his or her property when he or she has full legal capacity. The reasons for the sale are varied: accumulated debts, relocation, exchange for a large estate. Whatever the seller used, the parents stay on the street.

The sale of an apartment where the child is a co-owner is not an easy task: the State is watching the transaction; the inspector of the guardianship authority is satisfied that the child will not lose his or her share of the property as a result of the sale, nor will his or her living conditions deteriorate.

Not all families have permission to conduct a transaction, and the chances of a favourable outcome are increased if they consult a lawyer in advance.

After all, there are many nuances in every situation that only an experienced expert can understand.

Procedure for selling an apartment with a minor child ' s share

The sale of an apartment in which part of the property is owned by a minor (a person under 18 years of age - art. 21, para. 1, of the Criminal Code of the Russian Federation) is possible, the law does not restrict the right of owners to dispose of their property; however, transactions of this kind can be legally carried out only with the direct participation of the guardianship and guardianship authorities (DOS), which are responsible for overseeing the observance of the rights of minors.procedure for the sale of an apartment with a minor child ' s share.

In the eyes of the law, children are citizens with limited legal capacity, parents are the representatives of their children, and only then do they enter into the case when the interests of the children are likely to be affected. When a minor is sold, the number of participants in the transaction increases because it is necessary not only to obtain a permit from the OSI, but also a licence in the notary.

When can a minor's share be sold?

The Board of Trustees is authorized to issue permits for the sale of apartments in which the minor has a share.

Documents should be prepared to confirm the transfer of the child after the sale of the old flat in the new apartment before being sent to OSI.

Without documentary authorization, the transaction will be terminated and cancelled, and the parties may also be held liable for violations of the law.

So, uh,There are two ways to sell the share of a minor:

1. If the sale of an apartment is the ultimate goal, the family is not planning to buy a new apartment, then a minor must be given a similar share in another homeowner; for example, children may be given ownership of a share in a grandmother's or grandfather's apartment.
2. At the same time as the sale of an old apartment and the purchase of a new one, the child is given the same share of the right of ownership at the new address; the law allows for the purchase of a larger share or equal share of the same, but no less.

Just selling an apartment and not giving a minor another property in return is illegal, in this respect the law is inexorable.

Before you make a final decision to sell, you need to consult the U.N.A. first. You need to find out which type of dwelling you can buy. A typical example is that the apartment is sold and the child is bought a room. The U.N.A. is against it, because one child can't live, and a room for two, even with one parent, is too little.

If the children owned 1/2 before selling the apartment, the new apartment in their name should also have 1/2 or more. A smaller percentage is not possible, even if the new apartment is substantially larger than the previous one. In fact, in such a situation, a child, say, instead of the previous 10 square metres, will receive, for example, 15 square metres.

How do you prepare the paperwork for sale?

Since 02.06.2016, FL No. 172 has been adopted, according to which sales of shares in real estate belonging to minors must be certified in a notary, which is why the complete list of documents that parents will need to collect for the sale of an apartment is being expanded.

In order to obtain a notary permit (licence), both parents or their representatives must present themselves at a notary office on a pre-consensual basis, and this is often the case by entrusting the transaction to a qualified lawyer, if this is not possible because of:

• The absence of a second parent due to divorce;
• His opposition to the sale;
• The absence of a father or mother,

The second parent must then apply to the court for a decision.In the absence of a second parent, the notary may be presented:

1. Notarized written consent of the absent parent and, if he is abroad, a written authorization, certified by the Russian consulate in the host country, would be appropriate;
2. The court ' s decision to remove the parental rights of the absent parent;
3. Court decision declaring the second parent missing (disappeared);
4. a death certificate if the second parent is dead.

Local municipalities can adjust the list of documents, so there is a need to check the list on the ground.

• Passports of both parents (guardians, legal representatives);
• Child birth certificate (passport if 14 years old);
• A preliminary contract for the purchase of a new apartment confirming that a minor has a share in it;
• Statement;
• Marriage certificate (if any)
• Tehpasport of the old apartment;
• Exit from the EGRP to the old apartment;
• A notarized licence to sell;
• The account statements for the old one and the new apartment;
• Expensions from the old and new apartment books;
• It's a bill of payment for the mistress.

The OPI will examine the documents, compare the old and new living conditions of the minors, and issue a permit if there are no demands, the essence of the test is to make sure that the transaction is legal and that the property interests of the children are respected.

In the presence of a UIP inspector, the parents fill out a statement committing themselves to respect the rights and interests of their children. The inspector signs on the application. If the child is currently 14 years old, a written permit from both parents will be required for the sale and purchase of a share of the apartment.

When does the O.R.O. fail?

It's not nice to get rejected, it's gonna blow the deal without it, so it's worth looking at a list of situations in which the O.R.P. always refuses applicants:

• The new apartment is purchased in instalments and the old one is sold in full;
• The transaction is conducted by sale and at the same time by giving;
• The object of the purchase is the new construction (the building has not been put into operation);
• New housing is smaller than old housing;
• New housing is less comfortable than old housing (there is no running water, sanitation, etc.);
• The new infrastructure is considerably worse than the previous one (no kindergarten or school).

If the deal is to be made on such terms, then the parents have no choice but to wait for the maturity of their children.

If the reason for the refusal is that the parents have given only a prior contract of sale for a new apartment, instead of the basic contract already signed, it is not legal.

If the refusal is granted for a reason that you believe is contrary to the law, it may be challenged by the courts, in which case the court will be required to provide the same set of documents as the one filed with the Public Prosecutor ' s Office. The defendant in this case is the OIP and the plaintiff the parents of the minor acting in his or her interest.

It's important.:: It is not always necessary to wait for the 18th birthday to obtain the right to make real estate transactions on their own behalf; in some cases, adolescents are recognized as legal at the age of 16.

In some cases where the parents do not intend to buy new housing after the sale of the old one, the UIP will agree to a personal account in the name of the child to which the sum from the sale of his or her share in the apartment will be transferred; the account will be processed in such a way that only the child will be able to receive the money from him or her when he or she is 18 years old.

It is possible to prove to O & I that the conditions of the child ' s residence will improve when moving:

• Improvement of the environmental situation;
• The new infrastructure is more developed (school close to home, more shops, public transport stops, etc.);
• Improving climate conditions;
• Better paid work for parents.

Under the influence of these arguments and the documents submitted, when an authorization is issued by OIP, the dates of the sales transaction may be set.

How do we make a deal?

The permit is valid for two weeks from the date of receipt of the parents ' application and the documentation package attached to it; the permit must specify the full address of the old apartment, and also authorize the purchase of a new apartment and its address.

The order of removal from registration to the old address is as follows: parents (guardians) are first discharged and then only children are released.

Whether the minor owns the share or only is registered in the old apartment, it cannot be removed from the register without the special consent of the OSI.

Otherwise, the transaction will not be registered with the Registry Office.

Once these mandatory actions have been carried out, the transaction can be initiated directly:

1. A sales contract is drawn up and certified by a notary who also prepares a certificate of acceptance and transfer of real estate; these documents should be studied very carefully to avoid errors and inaccuracy.
2. Two applications are submitted to the Register Office for registration of the sale of an old apartment and the purchase of a new one; in response, two statements are issued from the EGRP to both properties.
3. Documents are submitted to the OFMS at a new address for registration of the minor and his or her parents (guardians).
4. Copies of both treaties should be provided to the OSI to inform minors that they have received the same replacement for their former property.

How to sell an apartment with a minor owner of a share

Updated 03.07.2022

2015-09-29T17:34:05+03:00

If your child is over 14 years of age, in accordance with article 26, paragraph 1, of the Code of Criminal Procedure, he or she may dispose of his or her real property by written authorization of the parents or guardians.

Note that when a child is 14 years old, it is necessary to apply for a passport at 14 years of age; however, in any case, the sale of an apartment owned by your child will require special permission from the guardianship and guardianship authorities.

Consider the procedure for selling an apartment with a minor ' s share or when the child owns real estate.

How to sell an apartment with a minor owner of a share:: If the child is the owner of the dwelling to be sold, the child must first apply to the guardianship and guardianship authorities for authorization.

This requirement for the sale of an apartment with juvenile owners in 2023 is regulated by article 37, paragraph 2, of the Criminal Code of the Russian Federation.

A similar procedure for selling an apartment with the child owner has been introduced in order for the guardianship and guardianship authorities to evaluate the transaction for the possible infringement of a minor ' s rights; in order to understand the nuance of the issue, the new real estate tax needs to be studied in more detail.

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The sale of an apartment with a minor child is not prohibited, but the law does not establish the grounds for refusing such a permit.

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Note that the most frequent reason for refusing to grant such a permit is the parents ' reluctance to buy in favour of a child or to buy a smaller and of a worse quality.

It should be noted that the concept of guardianship and guardianship is a general one, which means that every entity in the country has its own State body entrusted with such powers; for example, in Moscow it is the Department of Labour and Social Protection of the Population.

Again, the law does not provide for a package of documents necessary to obtain this authorization, and an indicative list of such documents can be drawn from the practice:

• Application of parents (guardians) and their passports;
• The birth certificate of the child;
• The consent of the parents (guardians) to the sale of the dwelling;
• A certificate of ownership of housing.

In addition, the package should include technical documentation for the apartment, an extract from the home book and a financial face account, and under article 21, paragraph 3, of Federal Act No. 48-FZ of 24 April 2008 on guardianship and guardianship, 15 days are allowed to be issued.

If you do not have a discharge, find out how to order an discharge from the home book through government services.

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Sale of the minor ' s share in the privatized apartmentIf the housing has been privatized, the main condition for the sale, where the minor is the owner of the share, is the authorization of the guardianship and guardianship authorities.

Otherwise, it is impossible to enforce; the requirements are the same in principle as when the child is the owner of the real estate; the guardianship and guardianship authorities will require the child to have a share in the property acquired.

There are two options available to meet these requirements:

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• The seller of the dwelling undertakes to provide the child with a share in the new dwelling;
• If the seller does not plan to purchase an apartment, the seller is obliged to provide the child with a share in another dwelling.

When selling an apartment with a minor ' s sharewithout ensuring the child ' s share in the new accommodation, it is not necessary.

Once you have the permission of the guardianship authority for the sale of an apartment owned by the child, you can begin to enter into a contract for the sale of the dwelling.

If the child is the owner, the contract shall be in simple writing and shall not require a notary certificate; he shall also have a clear identification of the place of residence (the address, the floor, the living area) and the cost.

It is possible to move on to the State registration of the transfer of ownership of the dwelling, which requires the preparation of a statement with the following package of documents:

• The passports of parents (guardians) and children;
• A certificate of State registration of ownership;
• Three copies of the contract for the sale of the dwelling;
• Authorization of guardianship and guardianship bodies;
• The consent of the parents if the child is over 14 years of age;
• An extract from the home book or a certificate showing the persons entitled to use the dwelling.

All the above documents and applications must be submitted to the Rosreister or any IFC, and it is worth noting that they can be submitted in person, by mail or electronically through the public services website.

The payment of the State Ministry for the registration of property rights is borne by the new owner and, in accordance with article 333.3, paragraph 1, subparagraph 22, of the Tax Code of the Russian Federation, amounts to 2,000 roubles.

According to article 13, paragraph 3, of Federal Act No. 122-FZ on State Registration of Real Property Rights, the period of registration of ownership rights is 10 days.

It's important to know!

• Because of frequent changes in legislation, information sometimes becomes obsolete faster than we can keep it up to date on the website.
• All cases are very individual and depend on many factors.
• Knowledge of the basics is desirable, but it does not guarantee a solution to your problem.

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