Documents for guardianship when selling an apartment 2023, permission from the guardianship authorities to sell an apartment, can a guardian sell the apartment of an incapacitated ward

28.02.

2018

general passport of the new owner;
purchase and sale agreement in triplicate;
an application for registration of property rights will be issued by an employee of Rosreestr;
technical documentation from BTI;
receipt of payment of state duty in the amount of 2000 rubles.

If you are selling, which is owned by minors, incapacitated or partially capable persons, or these persons have ownership rights to a share in the apartment, contact the guardianship and trusteeship authorities of your area. Submit written notice of the sale of your property.

Otherwise, you may later greatly regret wasted money, time and nerves, and this is an unaffordable luxury these days. Specialist advice can be obtained from the justice authorities that deal with registration of transactions, from a real estate agency or from a lawyer. Documents required to sell an apartment: A document proving your identity. In other words, your civil passport.

Documents to the guardianship authorities when selling an apartment 2023

Legal capacity is understood as the ability of any person to acquire and exercise his civil responsibilities and rights. By law, minor children can perform only minor household procedures. Such persons can take more active participation only after reaching 14 years of age.

Documents from the owners for the sale of an apartment in 2023, when buyers with a mortgage

Hello, Natalia. A technical passport is one of the main documents that the owner-seller must have. According to the law, whoever orders a technical passport pays for it, and only the owner can order it. But in practice, payment is negotiable.

What documents are required or may be needed to sell an apartment in 2023-2019

Hello Tamara, the law allows for the conclusion of a purchase and sale agreement where there are two sellers on one side and one or more buyers on the other. In accordance with clause 1, art. 42, Federal Law No. 218-FZ of July 13, 2015

“On State Registration of Real Estate”, transactions for the alienation of shares in the right of common ownership of real estate, including the alienation by all participants in shared ownership of their shares in one transaction, are subject to notarization.

List of documents for the sale of apartment 2023 from the seller

About the absence of arrears in payments. If it is available, all bills must be paid, otherwise the transaction will not take place.
About members with official registration in the apartment.
A copy of a financial and personal account, with a limited validity period of 1 month.
From the Federal Tax Service on payment of tax (when living space was received as a gift or inheritance).
About the seller's legal capacity.
Extended extract from the Unified State Register of Real Estate.
Death certificate if the owner's spouse is no longer alive and the property is considered joint property.
An extract from the pension fund stating that during the implementation the rights of the minor were respected; payment is made from maternity capital.
Waiver of the right of first refusal if the housing is in shared ownership. The seller sends a written notice with an offer to buy part of the living space indicating a specific price to the co-owners, who have the right of first refusal over others.

In case of a negative response or ignoring the notification within a month (30 days), the share is put up for sale.
Preliminary purchase and sale agreement (in case of selling the living space to a mortgagee).
A receipt for the advance payment, which the potential buyer then hands over to bank employees.
A document regarding the assessment of an apartment by specialists recommended by the buyer's bank - the mortgage holder.

What documents are needed for guardianship when selling an apartment?

An application is submitted to the board of trustees with all the necessary documents attached, the list of which includes a list of papers for the new housing being purchased. However, such documentation is not needed if the minor, after the sale of the apartment, becomes dependent on the state.

We recommend reading: How to write a complaint about the inaction of bailiffs

What documents are needed for guardianship when selling an apartment?

At the stage of agreeing on the terms of the transaction, the buyer will necessarily receive information about the child’s ownership rights. Moreover, the condition of agreeing on the sale with the guardianship and trusteeship authorities will be checked when registering the transaction with the Rosreestr authorities.

Documents for the sale of an apartment with a minor owner 2023

And you need to start preparing by preparing a certain package of documents.

Documents for selling an apartment

You also need to pay attention that the electronic digital signature will certify the file with the extract, and not each page of this document.

Sale of an apartment with a minor child by the owner, documents for guardianship authorities, deadlines

In order to avoid any unnecessary questions and doubts, you should send a request to the child’s father’s residence for written consent to the planned transaction. And attach a copy of this request and a mailing receipt to the package of documents to the guardianship authority, and also explain whether the answer was no.

Documents required for selling an apartment with a minor's share

If the documents are not collected completely or are not completed correctly, the process of obtaining permission may take several months.

List of necessary documents for selling an apartment in 2023

The latter depends on the preparedness of the seller, who is responsible for each of these points. The seller must confirm his property rights to the apartment. This is proven:

Guardianship permission for the sale of an apartment - obtaining without problems

Obtaining permission and consent to sell an apartment from the guardianship and trusteeship authorities is also quite difficult because there is such a nuance as the impossibility of concluding a transaction for the sale of housing without obtaining approval.

Moreover, before it is concluded, it is necessary to draw up a contract for the purchase of a new home or transfer a sum of money to the minor’s account.

This may be required if the family does not plan to buy new housing in the same city, but will move to another region or country.

Documents for guardianship when selling an apartment 2023 Link to main publication

Consultation guardianship sale of apartment 2023

Who is considered incompetent and can the guardian sell his apartment?

Let's try to figure out in what cases their participation is necessary for the sale of an apartment of a child or disabled person.

These include all minor citizens of the Russian Federation under the age of 18, whom the law recognizes as incompetent or partially capable, as well as other persons for whom there are official trustees or guardians (for more details, see Articles 21, 26, 28, 30, 31 of the Civil Code of the Russian Federation) . Article 21 of the Civil Code of the Russian Federation. Legal capacity of a citizen Officially, guardians are appointed by guardianship authorities in accordance with the established procedure.

Permission from the guardianship and trusteeship authorities for the sale of an apartment 2023

There are two possible options for a real estate transaction for a minor

sale with subsequent purchase of another home.
sale without purchasing a new home;

If this is just a sale without purchasing a new home, an option is being considered when a bank account is opened in the name of a minor, and an amount not less than the value of the child’s share in the property being sold is credited to it.

The guardianship authorities are provided with papers confirming these actions.

If the sale is carried out with the aim of immediately purchasing a new home, the procedure for contacting the guardianship authorities. Necessary documents for guardianship for the apartment: For new housing, the owner of which will be a child, the following is provided:

extract from the house register.
cadastral passport;
evidence of ownership;

How to obtain permission from the guardianship authorities to sell the ward’s apartment

When exercising his administrative rights in relation to the property of the ward, the guardian does not have the right to enter into transactions that will lead to a decrease in the property mass. Moreover, guardians are prohibited from concluding credit and borrowing agreements, agreements on the transfer of property for long-term use, and pledge agreements in relation to the property of the ward.

So, in accordance with Art. 20 of the Federal Law “On Guardianship and Trusteeship”, the real estate of persons under guardianship cannot be alienated.

How to sell an apartment if the owner is a minor child

Oddly enough, young children have the right to own housing space, since the law allows registration of a purchase, acquisition as a gift or inheritance.

You can also become the owner of property in another case: if a child is registered in a privatized apartment, then he is its owner, like its other owners. But since minor children, due to their relatively little experience and incapacity, do not have the right to dispose of their property, the question arises of how the transaction should be carried out in this case.

Children who are not yet 14 years old do not participate in such processes at all, and children 14-18 years old can participate in such transactions with the written permission of their parents or guardians.

Features of selling an apartment with a minor child

The sale of an apartment with a minor child differs significantly from the standard conditions for such transactions.

The law requires mandatory observance of children's rights in any case of disposition of their property.

Upon reaching the specified age, minor citizens can participate in transactions with parental consent.
until the child is 14 years old, all formalities for children are carried out by their legal representatives (parents or guardians);

The consent of the guardianship authorities for the sale of residential premises will be required for any form of ownership of the child - personal, shared or joint.

Step-by-step instructions for the alienation of an apartment owned by a child will consist of the following mandatory steps: Thus, the key rule for the sale of housing owned by a child will be the simultaneous acquisition of a new apartment, the rights to which the child will also receive.

The procedure for passing guardianship when selling an apartment

There are two possible options for a real estate transaction for a minor

sale without purchasing a new home;
sale with subsequent purchase of another home.

The guardianship authorities are provided with papers confirming these actions.

If the sale is carried out with the aim of immediately purchasing a new home The procedure for contacting the guardianship authorities Necessary documents for guardianship for the sale of an apartment: For new housing, the owner of which will be a child, the following is provided:

evidence of ownership;
cadastral passport;

How to sell a child’s apartment, features of the transaction

Article updated 04/07/2022

Step-by-step instructions for the transaction
Obtaining permission from the Department of Guardianship and Trusteeship
Legal requirements
Parents are the legal representatives of the child
Preliminary purchase and sale agreement

The Department for Guardianship and Child Rights Protection makes a decision on authorizing the sale or other alienation of real estate belonging to a minor child.

In this case, the following circumstances are taken into account: For a young child (under 14 years old), his legal representatives act in a sales transaction: parents - father or mother, adoptive parents, guardians. A child over 14 years of age participates in the transaction in person and signs documents in the presence of a legal representative, who confirms his consent to the transaction with his signature.

Documents to the guardianship authorities when selling an apartment

And unofficially, it is decided through realtors.

And lastly, when preparing the documents necessary for guardianship, do not forget that the authorities will make a positive decision only if the rights of the minor are not infringed. This means that the apartment or share that will be purchased or given to a minor should not be smaller in size or worse in technical condition than the one being sold.

He is our only breadwinner for now, and because of these travels he may lose the job he recently got.

How to obtain consent from the guardianship authorities to sell an apartment?

The question of how to obtain permission to sell an apartment from the guardianship authorities arises if the child is the owner of this apartment or part of it.

Since, in accordance with laws that are in force in 2023, parents or persons replacing them do not have the right to make such transactions without the prior permission of the guardianship authorities.

Sale of an apartment by a guardian: possible transaction options

A guardian, represented by a specific person or a government agency, is appointed to an individual if for some reason he cannot independently manage his property.

When can the guardian sell the home?

If the person to whom a guardian is appointed has some real estate that can be sold, the transaction is carried out by the owner's guardian.

Using the services of a guardian as an intermediary in a transaction is possible in the following cases:

The owner of the home is a minor who has no parents or other legal representatives other than an appointed guardian.
The residential premises belong by right of ownership to an incompetent person recognized as such by a court decision due to his physical or mental condition.

To confirm the legality of the transaction, the guardian will have to provide documents confirming his rights to participate in the transaction.

Documentation

Properly prepared documents accompanying the transaction will confirm the legality of its completion. Such documents will include:

If you want to find out how to solve your particular problem in 2023, please contact us through the online consultant form or call :

Moscow: +7 (499) 110-86-72.
St. Petersburg: +7 (812) 245-61-57.

passports and other identification documents of the parties to the transaction that will allow them to be identified (incapacitated people also have such documents);
decision of the guardianship council to appoint a specific person as guardian of the owner of the premises (or the head of the municipal administration, if we are talking about orphans who have no other legal representatives);
a notarized power of attorney to represent the interests of the owner of the premises when carrying out all actions with the existing real estate (the principal in this case is the state represented by an authorized official) indicating the limits of validity and duration of powers;
consent of the guardianship council or guardianship and trusteeship authorities to carry out the transaction, provided that when it is completed, the interests of the person under guardianship will not be infringed;
documents confirming the legal purity of the transaction (certificates of absence of debts on all necessary payments, extracts from the house register indicating the presence or absence of those registered, etc.).

If all documents are prepared in full, the transaction cannot be challenged or declared invalid.

Sale of an apartment by a guardian to an orphan

This transaction option is possible if the guardian has additional living space that he can and wants to sell to his ward. Civil legislation does not prohibit such a transaction, but provides for some nuances of its implementation:

On behalf of the person under guardianship, when concluding a transaction for the purchase and sale of an apartment or room with the guardian of the potential owner, a representative appointed by the guardianship board or an authorized official must act by proxy (since the guardian cannot act as both the seller and the buyer’s representative) ;
Documentary evidence of an improvement in the orphan's living conditions will be required if the potential buyer plans to use borrowed funds (for example, a government subsidy) to purchase housing.

Thus, the state does not prohibit the guardian from selling living space that is owned by the ward or which will be sold to such a person if he acts in the interests of the ward.

Sale of an apartment by the administration

If an orphan has living space, but no individual has been appointed as a guardian, such living space can be sold by the administration of the municipality in which the apartment is located, as well as in which guardianship has been established for a minor or incompetent person.

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call :

Moscow: +7 (499) 110-86-72.
St. Petersburg: +7 (812) 245-61-57.

In order for the legality of such a transaction to be recognized by all authorities, its completion must be carried out as follows:

the transaction is carried out only in the interests of the warded person, for example, if it becomes known that a foreclosure has been imposed on the debts of the warded person for a specific apartment;
Until the registration of ownership of the new owner, an account is opened in the name of the ward, where, after the completion of the transaction, the proceeds from the sale of the apartment are transferred, the account is valid until the restriction on the legal capacity of the ward is lifted, and only the ward can use the funds from it.

The sale of an apartment or other property of a person under guardianship can only be carried out if such a transaction provides for the improvement of the living conditions of the owner.

An apartment can be sold either by an appointed guardian (unless he is a close relative) or by the state, if an individual cannot be appointed as a guardian for various reasons.

Moscow: +7 (499) 110-86-72.
St. Petersburg: +7 (812) 245-61-57.

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Can a guardian sell the apartment of a minor child under his guardianship?

Terentyev Bogdan

The issue of selling and buying real estate worries many Russians.

The process itself is quite lengthy and difficult and becomes even more complicated if it is necessary to involve additional participants in it, for example, guardianship authorities.

Let's try to figure out in what cases their participation is necessary for the sale of an apartment of a child or disabled person. … Content:

Why do you need OO&P?
Rights
How to get permission?
Conclusion

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call +7 +7 (499) 455-10-84.

Does the guardian of a minor have the right to sell the apartment?

Attention All of the above is equally applicable in situations where a minor who has lost his parents and is under the guardianship of legal representatives or adoptive parents lives in the apartment being sold. Sale of an apartment owned by a minor - restrictions and features On our website you can view the purchase and sale agreement for an apartment with a minor’s share and download it if necessary. But the rules of law provide for some features and restrictions on real estate transactions involving minors:

Transactions between trustees or guardians with wards are prohibited. For example, buying an apartment from a minor child or selling real estate to him is unacceptable.

Can a guardian sell an apartment to a minor?

For example, paying taxes, paying utility bills.

If the condition of the incompetent ward improves, the guardian must write an application to the court to terminate guardianship and recognize the patient as competent.
Disposal of the ward's property Almost every guardian is interested in whether he has the right to use and dispose of the ward's property. Because if it is present, the guardian is faced with it in any case. These issues are regulated by Article 37 of the Civil Code of the Russian Federation “Disposition of the property of a ward.” The rights of a guardian to the living space of an incapacitated person have many nuances.
It is necessary to look after the apartment, but the child cannot do this; lack of experience does not allow him to take care of this on his own. Therefore, only guardians can perform such duties.

Does the guardian have the right to use and dispose of the ward’s property?

When changing guardianship to trusteeship, the ward has much more rights - for example, he can independently carry out small transactions. However, to sell an apartment, you will still need permission, but not from the guardianship authorities, but from the trustee.

Is it possible for a guardian to sell an apartment to an incompetent person?

The ability of a citizen, through his actions, to acquire and exercise civil rights, to create civil responsibilities for himself and to fulfill them (civil capacity) arises in full with the onset of adulthood, that is, upon reaching the age of eighteen.
In cases where the law allows marriage before the age of eighteen, a citizen under eighteen years of age acquires full legal capacity from the time of marriage.

Forbidden

Important: With rent money, guardians can compensate for all expenses incurred for the maintenance of premises and movable property.

It is the responsibility of guardians to look after the assets of their wards. At the same time, they will have to bear certain costs for the maintenance of such property.
The legislation pays special attention to the issue of living space of the person under guardianship.

This concerns whether the guardian can sell the apartment of a minor child. Actions that could lead to a reduction in the volume of property are completely excluded. This means that it is impossible to sell the apartment to a minor. Transactions of sale and gift are excluded and the consent of the guardianship authorities does not matter.

Sale of real estate of an incapacitated ward

Code. Part 2 states that transactions such as:

exchange;
donation;
rental;
division of property and allocation of shares from it;
other transactions that in one way or another worsen the property situation of the ward may be carried out only with the prior consent of the guardianship authorities.

Based on the literal meaning of the law, transactions that are aimed at improving the property status of the ward are allowed to be carried out without requiring such consent from the guardianship authorities. Part 2 art. 19 of the Law also states that any actions aimed at disposing of the property of the ward by the guardian are carried out with the written permission of the guardianship authorities.

All of the above applies to the property of the wards - and whether movable or immovable is not specified in the Code. However, there are special rules regarding real estate. So, h.

You can register only for the duration of guardianship after receiving permission from the guardianship council.

A guardian, trustee, their spouses and close relatives cannot enter into transactions with the ward. An exception is the transfer of property to a ward as a gift or for free use. It is also not allowed to represent the interests of the ward when concluding transactions and conducting legal cases between the ward and the guardian’s spouse or his close relatives.
The guardian acts as a representative on behalf of the minor in all other transactions. He does not need a notarized power of attorney for this; a certificate of guardianship and recognition of this status are sufficient.
The main purpose of the law is to keep all of the child's assets intact. The adult life of the ward must begin with the same property.

A package of documents for the apartment being sold, which standardly includes:

Application according to the established form.
Identity documents of the legal representatives and the incapacitated owner (if the owner is under 14 years old, birth certificate).
If the property is shared, the consent of all other owners is required for the alienation (sale) of the share of the incapacitated person.
Title documents for the apartment being sold.
Statements from personal accounts.
Extract from the house register.
Certificate from the BTI about the cost of housing.
Technical passport of the apartment.
Other documents upon request.

The guardianship authorities consider the application within 15 to 30 working days and then issue in writing either permission to sell the apartment or a reasoned refusal.

There is a single rule that applies in such situations: in return for the share being sold, the child must receive something better.

Sale of an apartment by a guardian: features of such a transaction If there is to be a sale of an apartment owned by persons under the age of 18, as well as those who have been declared incompetent or of limited capacity, or these persons have the right of ownership to a share in the apartment, consent to the transaction from the authorities is required guardianship and trusteeship of their area. To do this, you need to notify them in writing about the sale of your living space. 2. When contacting the guardianship department, provide a certificate of ownership (+ copy) for the apartment that is to be sold, and the guardian’s passport. Can a guardian sell an apartment to a minor 60 part 4, part 3 of the RF IC; Art. 37 of the Civil Code of the Russian Federation Guardianship authorities protect the property and housing rights of minors. Thus, the demand of the guardianship authorities is justified.

The procedure for passing guardianship when selling an apartment

If there is a sale of an apartment that belongs to a minor, then the guardianship authorities must take part in this transaction. It doesn’t matter wholly this property belongs to the child or only its share, the guardianship authorities are obliged to ensure that the rights of the minor are not violated.

There are two possible options for a real estate transaction for a minor

sale without purchasing a new home;
sale with subsequent purchase of another home.

If it's just a sale without buying a new home

An option is being considered when a bank account is opened in the name of a minor, and an amount not less than the value of the child’s share in the real estate being sold is credited to it. The guardianship authorities are provided with papers confirming these actions.

But even if this condition is met, and the money is in the minor’s account, the guardianship authorities will not allow him to be discharged “on the street,” therefore, even if the property is sold without the purpose of purchasing a new home, the child’s parents or guardians must provide the child with registration in another home.

If the sale is carried out with the aim of immediately purchasing a new home

Parents or guardians are obliged to conduct the transaction in such a way that the rights of the minor are not infringed in any way, which means that the new property should not be inferior to the old one.

It may be more expensive, larger in size, but in no way cheaper or smaller than the property that the child had. It can only be less if the child moves to a better area.

Usually in guardianship they look at the value of the share, it is important that it is not less than that which the child owns.

In this case, an alternative transaction is drawn up, in which the sale of the property will be carried out simultaneously with the purchase of a new one, where it will be necessary to allocate a share to the minor.

The difficulty here is that two transactions will be registered at the same time, so you need to negotiate with both the buyer of your apartment and the seller of the apartment you decided to buy. When old property is alienated, the child immediately receives a new one.

This is a rather complicated process, so it is better to entrust it to a real estate agency.

Conditions for obtaining permission to sell an apartment from guardianship

The most important thing is to exclude violations of the property rights of a minor; it is for this purpose that the state obliges the guardianship authorities to check and support transactions where children are the owners. Therefore, special criteria are identified, without which the transaction is impossible:

As already mentioned, the value of a share or all of the real estate in a new apartment, which will also be registered as the property of a minor, should not be less than what it was before.
If we are talking about Moscow, then there are also certain rules here. If the child’s property was located in Moscow, then the property being purchased must also be located in Moscow. Moving from the capital will be regarded as an infringement of the rights of a minor, but guardianship authorities can consider the situation from different angles, for example, if the child has a large share of the new housing, then permission can be obtained. An exception is moving for medical reasons, when doctors recommend a cleaner ecological environment for the child to live, but this must be documented.
The determining factor is the cost of old and newly purchased housing. If the assessment shows that the new housing is inferior in value, then the guardianship authorities have the right to refuse permission for the transaction. And it won’t matter that the new property will be larger in area.
If we are talking about the share of an apartment, then in a situation where a family moves from a more spacious apartment to a smaller one, even retaining the same square footage in the child’s property (for example, in the old housing the child had a share of 20 square meters and in the new one also 20), Guardianship authorities may refuse. This can be regarded as a deterioration in the child’s living conditions, although the share remains the same, but the housing itself is less spacious and the child will be less comfortable there.

The procedure for contacting the guardianship authorities

To obtain permission to sell real estate, all participants in transactions with passports must contact the guardianship authorities.

If someone cannot be present, then this must be done for him by an authorized person who has received a power of attorney from a notary.

Parents (guardians) and the child himself must be present if he has reached 14 years of age. Necessary documents for guardianship to sell an apartment:

statements (of all owners of the property being sold, parents, the minor himself, if he is over 14 years old);
birth certificate of a minor;
certificates of ownership of the apartment;
cadastral passport;
extract from the house register.

For new housing, the owner of which will be a child, the following is provided:

evidence of ownership;
cadastral passport;
extract from the house register.

When submitting documents, an employee of the guardianship authorities will also conduct a conversation to clarify the circumstances, and then the procedure for considering the application will begin, which can take about two weeks. Only after the guardianship has given the go-ahead can the deal be completed.

The difficulty will be that this whole procedure will take some time, so it is necessary to look for a property whose seller will be willing to wait for the formalities to be resolved.

The buyer of real estate that is wholly or partially owned by a minor must also agree to a longer registration procedure.

Documents for guardianship authorities when selling an apartment in 2023

Parents will not be able to sell the apartment with the child’s share unless they simultaneously provide him with real estate in return. Without this, the guardianship authorities will not give permission.

Most guardianship authorities give permission only when the parents simultaneously buy another property, where the child will immediately be allocated a share. Therefore, documents are needed both for the apartment being sold and for the property being purchased.

Some guardianships allow you not to buy, but to give a share to the child. Or put the money from the sale into his account, but guardianship authorities rarely allow this.

I advise apartment sellers to contact their district guardianship in advance and clarify the list of documents. Each district has its own administrative regulations on the work of guardianship and requirements for documents. Guardianship does not provide consultations over the phone. At most they will tell you the days and hours of reception.

Providing housing for orphans in 2023

Due to the fact that providing orphans with apartments and other separate housing is the responsibility of the regions, they themselves develop procedures for working with this category of citizens. In particular, they assign work in this area to different departments. As a rule, this is handled by the guardianship and trusteeship authority.

passed away;
deprived by a court decision of the right to care for descendants;
have lost their legal capacity;
punished for a crime and are in prison;
have an illness that does not allow them to fulfill responsibilities in relation to children;
declared missing, that is, law enforcement agencies are searching for them.

List of documents for selling an apartment in 2018-2019

All of the listed documents allow the buyer to assess the feasibility of the acquisition from a legal point of view. For example, if the extract from the Unified State Register shows that the apartment was resold many times in a short period of time, then the buyer may well think about the “cleanliness” of such housing.

Selling an apartment is a troublesome business. The difficulty lies not only in finding a buyer and preparing a contract, but also in the need to collect an impressive pile of papers. In this article we will look at what documents are needed when selling an apartment in 2018-2019 and provide a standard list.

Features of buying and selling an apartment with a minor child

A minor child has the right to become the owner of a share in an apartment due to various circumstances: privatization of a municipal apartment by a family that includes children, receipt of real estate through a gift agreement or after entering into inheritance rights, registration of the purchased apartment in the name of a minor. The latter option is not preferable, since as a result of the sale of real estate, the sole owner of which is a child, serious obstacles may arise, therefore it is preferable to register the sale of real estate in the name of a child and an adult.

The rules for selling an apartment with a minor owner in 2023 remain the same - selling an apartment without the consent of the guardianship authorities is impossible, since it is necessary that the interests of minors be protected in every transaction.

Minor citizens are full owners of real estate.

They do not participate in the transaction until they reach the age of 14 (this provision is specified in Articles 26, 28, as well as 37 of the Civil Code of the Russian Federation), statements for them in this case must be written by their parents, but it is necessary that consent to this transaction be formalized through the guardianship authorities.

Documents for selling an apartment from the owners

Parents or guardians draw up an application to consider the sale of old real estate and the purchase of new housing. A form to fill out will be provided by a guardianship official.

The application is considered within 14 days. This period is given to check whether children will not have their rights violated.

On the appointed day, you can pick up a written permit, certified by the seal and signature of the responsible person.

If minors act as the owner or co-owner of the apartment, a sales permit is required. It is issued by the guardianship and trusteeship authorities. It does not matter whether the minor owner is the sole owner of the property or owns only a share.

Guardianship permission for the sale of an apartment: procedure for completing the transaction, list of documents

Additionally, the notary may be required to request the original of the guardianship consent if the transaction for the sale of an apartment is due to the child’s need for a change in climate. This fact must be confirmed by a medical certificate. If living conditions deteriorate for a good reason, it must also be documented.

An application for the sale of a minor’s apartment or a share in it is drawn up and signed by the parent (guardian) in the presence of a state representative.

It can be submitted through a multifunctional center that has recently been actively providing government services, including issuing preliminary permits from guardianship and trusteeship authorities.

For registration, it is recommended to use a sample application for guardianship and trusteeship for a purchase and sale transaction.

Guardianship permission for the sale of an apartment - obtaining without problems

To obtain consent and permission, you need to submit an application and the necessary documents to the guardianship authorities at your place of residence. If the parents did not submit an application and did not inform the board of trustees about their decision regarding the sale of the apartment, the guardianship authorities, by going to court, may demand that the sale be declared illegal and that the parents be held accountable.

In connection with the above, the execution of the apartment purchase and sale transaction will be delayed, and the waiting period here will depend on what conclusions and decisions the board of trustees makes. Usually this period does not exceed one month. In some cases, it may be reduced, but you will still have to wait two weeks.

What is a purchase and sale agreement for an apartment using maternity capital?

The contract must include only accurate information about both parties - passport data must clearly correspond to the supported copies. The presence of errors and corrections may indicate incompleteness of the compilers and will delay the process of approving the report.

The sale or exchange of an apartment cannot cause a deterioration in the living conditions of the child and family. This means that after completing a real estate transaction, recipients of materiel are required to purchase or exchange property for an equal or more expensive one, but moving to a worse area or housing with smaller area and amenities is impossible. In this case, the guardianship authorities will be obliged to conduct an investigation and subsequently cancel the relevant agreement.
An agreement on the sale/exchange of an apartment becomes legal after submitting to the guardianship authorities all the necessary documents, namely copies of passports of all participants in the investigation (including the child), certificates from the BTI about the absence of debts, an apartment plan, statements about the status of the personal account of the housing, and so on. .

We recommend reading: Benefit for a Third Child in 2023 in Chuvashia

Documents to the guardianship authorities when selling an apartment

If the owner of the housing is a minor, then any transactions with this housing can only be made with the written consent of the guardianship and trusteeship authorities (Article 292, Part 4 of the Civil Code of the Russian Federation).

After submitting all the necessary documents, we usually wait about 2-3 weeks for the decision of the guardianship and trusteeship authority (depending on when their commission meeting is scheduled).

In some institutions, an official paid acceleration of the decision is possible (for example, in Saratov, such an accelerated decision is made by the guardianship of only one district - Leninsky).

7) Extracts from house books for all residential premises participating in the transaction (originals only), copies of financial personal accounts for all residential premises participating in the transaction (originals only) or the Unified Housing Document (UZhD) applications are accepted to the guardianship and trusteeship department from citizens only upon provision of a complete package of documents for all residential areas involved in the transaction; The originals of all documents along with their copies are submitted to the guardianship and trusteeship department; the deadline for preparing administrative documents is a month from the date of writing the applications, while the following are not taken into account as valid reasons for speeding up the preparation of orders: a) expiring deadlines for documents submitted for consideration, b) expiring deadlines for making deposits, deposits for apartments, c) any or oral or written agreements between the parties, notaries, firms, etc.

Documents for guardianship authorities when selling an apartment

If you want to find out how to solve your specific problem, please contact the online consultant form on the right → It's fast and free! Or call us by phone (24/7): If you want to find out how to solve your particular problem, call us by phone.

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382 Regions (toll-free call for all regions of Russia) Submission of documents Before starting preparation and registration of the sale of an apartment to which a minor also has rights, the owner is obliged to submit a written application notifying his intention to the guardianship and trusteeship authorities in order to obtain permission and consent. In this document, in addition to the notice of sale, it should be indicated that all the rights and interests of the minor child will be respected.

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Before starting preparation and registration of the sale of an apartment to which a minor also has rights, the owner is obliged to submit a written application notifying his intention to the guardianship and trusteeship authorities in order to obtain permission and consent.

In this document, in addition to the notice of sale, it should be indicated that all the rights and interests of the minor child will be respected. An application is drawn up in your own hand in the presence of one of the children’s rights inspectors, after which it is signed by him.

Read about what an extract from the house register is and how to get it here: https://www.habrealty.ru/pokupatelyu/kak-poluchit-rashirnnuyu-arhivnuyu-vyipisku-iz-domovoy-knigi.html When there is no need to submit documents for the apartment you are buying If you are sending your child to an orphanage, i.e.

We collect a package of documents for guardianship when selling an apartment

One of the most important nuances that the board of trustees pays attention to is the equivalence of the planned transaction, as a result of which the rights of the child should not be infringed in any way.

First of all, this concerns the total area, location and cost of the real estate being sold and purchased. New housing should not be inferior to the old one in all the above characteristics. And ideally be an order of magnitude higher.

The more advantages the apartment you are planning to purchase has, the greater the chance of receiving a positive response from the guardianship authorities.

Selling an apartment is always a rather important event, which entails a lot of hassle in collecting all the necessary documents and directly executing the transaction.

However, this process can be significantly complicated by the fact that the housing being sold is partially owned by persons under the age of majority.

Is it really so difficult to sell real estate in which children are registered, and what documents do you need to have with you? This article will help you understand this issue in detail.

16 Feb 2023 juristsib 507

An incapacitated person has a share in the apartment; the guardian can sell it

The guardian and trustee are obliged to take care of the ward’s property transferred to them as if it were their own, to prevent a decrease in the value of the ward’s property and to facilitate the extraction of income from it. The fulfillment by the guardian and trustee of these duties is carried out at the expense of the property of the ward. Article 19.

Disposal of the property of wards 1. General rules for the disposal of the property of wards are established by the Civil Code of the Russian Federation. 2. The guardianship and trusteeship authorities provide guardians and trustees with permissions and binding instructions in writing regarding the disposal of the property of the wards. 3.

The guardian has the right to deposit the ward's funds, and the trustee has the right to consent to the deposit of the ward's funds to an account or accounts opened with a bank or banks, provided that these funds, including capitalized (accrued) interest on their amount, are insured in the compulsory insurance of deposits of individuals in banks of the Russian Federation and the total amount of funds held in an account or accounts in one bank does not exceed the amount of compensation provided for by Federal Law of December 23, 2003 N 177-FZ “On insurance of deposits of individuals in banks of the Russian Federation” deposits.

Sale of real estate of an incapacitated ward

Important

This is possible only with the permission of the guardianship authorities. If the circumstances due to which a person was declared incompetent disappear, he may be declared capable again. In this case, such a person is deprived of guardianship and receives back his rights to conduct transactions.

Real estate of an incompetent person According to Articles 17 and 18 of the Civil Code of the Russian Federation, a citizen declared incompetent does not lose the right to own his property, including real estate.

But by definition, incapacitated persons are unable to understand their actions and direct their own actions.

At the legislative level, these persons are deprived of their own civil rights, including carrying out any transactions with real estate that belongs to them.

Thus, a legally incompetent person does not have the right to give away an apartment under a gift agreement, sell it, or carry out any other transaction. Such actions require special permission.

Sale of an apartment by a guardian: features of such a transaction

If it is discovered that an agreement has been concluded on behalf of the ward without the prior permission of the guardianship and trusteeship authority, the latter is obliged to immediately apply on behalf of the ward to the court with a request to terminate such an agreement in accordance with civil law, except for the case if such an agreement was concluded for the benefit of the ward. Upon termination of such an agreement, the property belonging to the ward is subject to return, and losses caused to the parties to the agreement are subject to compensation by the guardian or trustee in the amount and in the manner established by civil law. 5.

Redemption of the share of an incapacitated person

To do this, you will need to send a written notification to the guardianship authorities and collect a list of documents:

Guardian's passport.
Documents for real estate that is planned to be sold.
Documents for housing that will be provided to an incapacitated person.
If funds have been received into the ward's bank account, documents from the bank confirming this fact are required.

How to sell a ward’s apartment:

Contact the guardianship authorities of your area with written notification of your desire to sell the property.
Present the documents listed above. Permission to sell property from the guardianship authorities will be granted only if the ward person receives in return housing of equivalent living conditions and cost.

Sale of the share of an incapacitated person

If real estate is owned by a minor child or by a person who has been declared incompetent, you need to know some of the nuances of how to sell the apartment of a ward (can a guardian sell the apartment of an incapacitated ward). Otherwise, any transaction related to such property will be declared invalid. The guardian will need to collect a package of certain documents and contact the municipal authorities to obtain consent to conduct any real estate transactions.

Who can be declared incompetent Not only a person with a mental disorder can be declared incompetent, but also a person who abuses drugs or alcoholic beverages.

Guardianship is established over him. He is prohibited from receiving any income (pension, salary), or making large transactions for the purchase/sale of property on his own.

To remove an incapacitated person from an apartment, you will need the following:

Draw up a statement indicating the reason why the guardian is going to discharge the ward.
Submit an application, the guardian's passport and a copy of the document according to which the person was appointed as the guardian of the incapacitated person to the territorial office of the guardianship authorities.
Receive a resolution signed by the head of the district administration from the guardianship authorities.
Contact the Federal Migration Service with an application to remove the incapacitated person from registration.
Receive a departure sheet, which must be submitted to the place of new registration of the incapacitated person.

Obtaining permission to sell the real estate of an incompetent person The guardian of a person who has been declared incompetent must obtain a corresponding resolution from the guardianship authorities before selling the latter’s apartment.

Real estate
Housing law
At the moment, I am the owner of 1/2 share in the apartment, the other half belongs to an incapacitated citizen who is currently being treated in a psychiatric hospital. We are NOT relatives.... Now, as we understand, this very hospital, represented by the heads, has been appointed as a guardian. doctor because The incapacitated person has no more relatives left. A transfer to a mental health facility is being prepared. boarding school... We want to buy out this share! District guardianship services are sent to the heads. to the doctor. He, in turn, says that they do not deal with such things, that after transfer to a boarding school, this issue can be resolved there and sends it to the social committee. work (city)… The question is… how, on what terms and from whom can we buy this share.

When compiling an inventory of the ward's property, other interested parties may be present.

Attention

Hello. In this case, it is necessary to be guided by the norms of the Federal Law “On Guardianship and Trusteeship. In accordance with the Federal Law “On Guardianship and Trusteeship”: Article 17. Property rights of wards 1.

Wards do not have the right of ownership to the property of guardians or trustees, and guardians or trustees do not have the right of ownership to the property of wards, including the amounts of alimony, pensions, benefits and other social payments provided for the maintenance of wards.

2. Property may belong to guardians or trustees and wards on the right of common ownership on the grounds provided for by civil legislation. 3. Wards have the right to use the property of their guardians or trustees with their consent. 4.

After receiving permission, begin searching for a buyer and sell him the apartment in the general manner.

What documents are needed In order for the guardianship authorities to issue permission to sell real estate, two mandatory documents are required:

guardian's passport;
written application for a permit.

In addition, you will have to confirm that the transaction is made solely in the interests of the ward, does not violate his rights and is carried out with the aim of improving living conditions:

documents for the housing being sold;
documents for the purchased housing;
other papers directly or indirectly confirming the legality of the guardian’s claims.

Nuances What happens if the guardian independently makes a transaction on behalf of the ward without seeking prior consent from the guardianship authorities? In this case, the norms of Part 4 of Art. 21 of the Law.