How to register a share in an apartment for a child, is the child entitled to a share in the father’s apartment?

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A child can become the owner of real estate or its share in several cases. For example, when buying an apartment by his parents or other relatives, through donation, inheritance or privatization.

Why does a child need real estate?

Registration of real estate or its share in the name of a child provides him with living space in the event of various life situations arising, for example, related to the divorce of parents and the division of property between spouses. The child's property is not covered by this action.

However, when acquiring real estate and registering it in the name of a child by one spouse, the consent of the second is mandatory.

How to register a share in an apartment for a child?

When privatizing residential premises, all persons registered there have the same rights, including children. After the procedure, the owners are issued a resolution indicating all citizens participating in it, and on its basis - a certificate of ownership.

A parent has the opportunity to refuse privatization in favor of his minor child, but he himself cannot refuse the due share subject to privatization.

When concluding a purchase and sale agreement, you can enter the details of the child as the owner. For persons under 14 years of age, signatures are provided by their legal representatives.

Note! After the transaction is completed, an act of acceptance and transfer of real estate is drawn up, and upon completion of registration of all necessary documents, a certificate of ownership is issued indicating all owners of shares, including minors.

Procedure

To register your share of real estate for a child, the easiest way is to draw up a gift agreement with agreement on the terms and notarize it.

Typically, a gift agreement contains the following information:

place and date of compilation;
data of the donor and recipient (full name, passport details);
property address;
cadastral or conditional number;
an indication of the reasons for which the donor owns the real estate;
data from the certificate of registration of the donor's right;
an indication of the presence or absence of restrictions and encumbrances;
an indication that the property is in a condition that meets its functional purpose;
precise description of the share;
agreement between the parties on issues related to the payment of taxes and payments for utility services;
the norms of the civil code governing this transaction;
a statement by the parties that at the time of conclusion of the contract they are not deprived of legal capacity;
number of copies of the agreement;
signatures of the donor and recipient.

Required documents

Before concluding a gift agreement, it is necessary to collect the following amount of documents:

child's birth certificate;
document confirming the owner's ownership;
cadastral passport;
a certificate from the BTI on the estimated value of the property;
donor statement;
extract from the house register;
certificate of family composition of the donor.

Registration

Since the transfer of ownership is subject to mandatory state registration, the citizen who applied to the notary, or the notary himself who certified the transaction, must submit an application to Rosreestr or its territorial body.

The donor can be either a relative of the child or any other person who is not related to him.

When will the child be able to manage property?

How to register a share in an apartment for a child, is the child entitled to a share in the father’s apartment?

A citizen has the right to independently dispose of his own real estate or a share of real estate only after acquiring full legal capacity, i.e. upon reaching the age of 18.

Although there are no age restrictions on the right of ownership, until the age of 14 the parents or other legal representative act in the interests of the child.
However, it is worth remembering that any actions with real estate owned by a minor are carried out only under the control and with the permission of the guardianship and trusteeship authorities.
This can also become a hindrance to improving living conditions, since it significantly complicates the process of selling or exchanging living space.

Pros and cons of registering an apartment for a child

without the agreement of the guardianship authorities, real estate owned by a minor cannot be sold or exchanged, but can be rented out for the benefit of the family budget;
control of guardianship and trusteeship authorities also excludes any actions related to fraud;
a minor’s property, including real estate, cannot be seized, nor can foreclosure be applied to it.

The impossibility of carrying out any actions with real estate, perhaps, can be attributed to the only drawback of registering it in the name of a minor.
It is possible to sell or exchange such property only if the child is guaranteed to be provided with another living space that is not inferior in size and characteristics.
You should also be extremely careful when purchasing housing, the share owner of which is a minor, since such a purchase is associated with certain risks.

Let's celebrate! In this case, the seller’s presentation of permission from the guardianship authorities for the sale is not enough, since it is issued only if they simultaneously purchase another home. Therefore, the buyer needs to make sure that he has a complete second package of documents for the purchased property.

Maternity capital program

Persons wishing to purchase residential premises using maternity capital, or use it to pay off installment payments or a mortgage, are obliged, within 6 months after the purchase or making the last payment, to register this housing in the common ownership of all family members, including children, and allocate everyone's share. This notarized commitment must be submitted to the pension fund.

Let's celebrate! In the event of the death of a parent, each of his minor children, born or adopted, has the right to count on a mandatory share of the inheritance of real estate. This fact is guaranteed even if other persons are indicated in the will. Didn't find the answer to your question? Find out how to solve exactly your problem - call right now: +7 (499) 455-03-75 (Moscow) +7 (812) 407-26-30 (St. Petersburg)

It's fast and free!

Registration of a share in an apartment for children - procedure, required documents Link to main publication How to register a share in an apartment for a child, is the child entitled to a share in the father’s apartment?

How to register a share in an apartment for a child, is the child entitled to a share in the father’s apartment?

Home / Housing disputes / How to register a share in an apartment for a child

How to register a share in an apartment for a child, is the child entitled to a share in the father’s apartment?

The desire to register a share in an apartment for a child obliges parents to take into account the specifics of the procedure. For example, the use of maternal capital requires the allocation of children's shares.

An ordinary purchase or gift leaves the matter to the discretion of the mother and father. Contacting the guardianship authority in the case of a spouse’s obligation is necessary, but not required when purchasing a home.

The nuances can easily confuse the average person. Hence a lot of questions, difficulties and contradictions.

How to properly transfer shares in an apartment to children? Should the interests of parents be taken into account? How to get a father's share and do minors pay taxes? For a better understanding, let's break down the questions into sections.

Does a minor child have the right to a share in an apartment?

Family relationships are the living together of parents and children. It seems that the property is common and belongs to all family members. However, there is an important amendment to the law.

The child has no rights to the property of his living parents, and the mother and father do not claim the property of their children (clause 4 of Article 60 of the Family Code). If the child does not have a share in the parents’ apartment, he is not a co-owner of the home.

If such a share exists, then ownership is registered.

The age of the child is important:

if children are under 14 years old , the apartment is managed by their parents or guardians;
if aged 14 years and older , the teenager himself, but only with the permission of the mother and father.

Thus, the child owner has the right to own and use a share in the apartment. A 14-year-old cannot dispose of an object due to incapacity (Article 28 of the Civil Code of the Russian Federation). As soon as he reaches 18 years of age, the share in the living space passes to him in full.

Is it profitable to register shares for children?

Let's imagine that parents want to register a share in the apartment for their child. This begs the question, is it worth making a deal? Isn't it easier to transfer the children's share to the mother or father?

The answers to these questions depend on the further disposal of housing:

Children's shares in the apartment cannot be sold, exchanged, pledged, or donated - without the consent of the guardianship and trusteeship authority (TCA).
Parents can rent out the child's share to third parties - usually in this case a rental agreement for the entire apartment is concluded.
The sale of a child's share is not complete without monetary compensation. The amount goes to the baby's personal account . Parents open a bank account in advance. At the same time, they are obliged to allocate the child’s share in the new apartment (it is important that the “square” of the new share is not inferior to the part of the residential premises being sold).
Bailiffs cannot seize an apartment if there is a child's interest in common ownership.

As we see, further housing transactions require permission from the PLO. This excludes fraudulent schemes (for example, depriving a child of a share in an apartment without compensation).

Example:

Having survived a divorce from her husband, Catherine was left with two children. Soon she met a new man and got married. The chosen one immediately invited her to move in with him and sell her old apartment. The new living space was significantly larger than Catherine’s “Khrushchev” apartment.

The stepfather suggested allocating children's shares of a similar size. The wife agreed to this step. The stepfather issued a deed of gift in the name of his wife and her children - they each received ⅓ of the living space. Then the newlyweds applied to the guardianship authority with an application to complete the transaction.

Together with him, Ekaterina and her husband submitted information about the allocation of children's shares. Having studied the documents, the PLO undoubtedly issued permission to sell the living space. Soon a buyer was found, all the details were settled and a purchase and sale agreement was concluded.

Ekaterina and her two children became co-owners in their stepfather's apartment.

Instructions for registering a share in an apartment for a child

Registration of a share in housing is preceded by the conclusion of a transaction on behalf of the child. The reasons may be different - it depends on them whether you will have to apply to the PIO, pay personal income tax and have the contract certified by a notary. Let's figure out when this happens and when it doesn't.

Methods

Before registering an apartment share for a child, you need to receive it. Acquisition of property rights occurs in the following cases:

Children's lobes are not always distinguished:

borrowing funds from a child’s account obliges the spouses to allocate him a share in the new apartment;
regular home purchases do not require this step.

How else to register property as shared ownership with children? You can exchange shares in different apartments. Minors are entitled to a percentage in common law no less than the current one, otherwise the transaction can be challenged. Now exchanges do not occur so often.

Design: step-by-step instructions

The method of transferring the share to the child affects the registration procedure. However, the transactions have common points, which we will consider below.

The procedure for registering a share in an apartment for a minor:

Step No. 1 – Preparation for registration

The first stage involves choosing a transaction: donation, privatization, purchase, inheritance of a share in an apartment. The interests of children are represented by their parents or guardians. Need to install:

whether the housing is mortgaged;
what share will be allocated to the child (see “How to calculate shares in an apartment“);
whether you need to wait for the transaction to begin (for example, in the case of inheritance);
who else is involved in the design;
which parent will represent the interests of the child (for example, in the case of a deed of gift, one of the spouses is on behalf of the child, and the second is in the role of the donor).

Having discussed work issues, you can proceed to the next stage.

Step No. 2 – Collecting documents

The child’s parents need to collect documents for the OOP, notary and Rosreestr (usually the MFC). Lists of documents will vary. However, in most cases, an act of permission from the guardianship authority will be required.

Step #3 – Implementation of the deal

Actions depend on the selected deal:

inheritance – filing an application for inheritance;
donation - conclusion of a deed of gift for an object;
buying a home - searching for options, drawing up a purchase and sale agreement (as an option - a preliminary agreement);
privatization - submitting a request to the housing department of the local administration;
maternity capital - drawing up an obligation, applying to the Pension Fund, preparing for distribution;
divorce - an agreement to transfer a share to the child in order to pay alimony;
other transactions.

Step No. 4 – Contacting a notary

Since 2016, all transactions with shares in an apartment must be approved by a notary. Now there is a “one window” service, i.e. You can have the contract certified and registered at a notary office.

Registration of ownership of a child

The registration of property rights has undergone changes. Starting from February 1, 2023, it is not necessary to transfer information about the transaction to Rosreestr or the MFC. Innovations oblige notaries to do this - and without additional payment (Federal Law No. 338-FZ of 08/03/2018).

Parents can contact a notary, have the contract certified and immediately register ownership. The specialist submits the electronic application directly to Rosreestr - 1 day is allotted for this (clause 10 of Federal Law No. 338). If this is technically impossible, the notary is required to send a paper application - the period will increase to 2 days, not counting weekends and holidays.

*/ – Rosreestr processes the electronic application and scanned documents as usual. Information about ownership is also sent via electronic channels - we are talking about an extract from the Unified State Register of Real Estate.

If parents want to receive a paper sample, the notary will print out the certificate and certify it with his seal. The document can be filed along with other agreements.

The cost of certification will be included in the final amount payable.

The service is free and is included in the list of UPTH - legal and technical services. The client bears the cost of paying the Rosreestr state duty. The amount will also be included in the total cost.

If parents want to transfer information themselves through the MFC or Rosreestr, they can refuse the notary service. Next, they will have to pay the state fee and submit an application to the nearest branch. Read more about independent actions in the article “How to register a share in an apartment as property?”

List of documents

There are two types of documents:
Grounds for transfer of ownership:
Registration documents:

parent's passport;
guardian's certificate;
adoption certificate – in the case of adoptive parents;
child's birth certificate;
registration certificate, extract from the Unified State Register of Real Estate with cadastral data, certificate from the BTI and other papers for a residential property;
extract from the house register;
application for registration of ownership of a share in the apartment - filled out by parents or guardians.

The collected documents must be photocopied in 4 copies: some will remain with the notary, some will go to FKP Rosreestr, the rest will go to the parties to the transaction.

Deadlines

Re-registration does not take much time. If a child and his parents are involved in the transaction, the terms will be as follows:

preparation for the procedure - from a couple of days to 30 days (in the case of notifying co-owners of the sale of a share in the apartment);
drawing up contracts – 1-3 days ;
certification by a notary – during the day;
sending documents for registration – 1 day for an electronic application, 2 days for a paper application;
verification of information in Rosreestr - from 3 days at the request of a notary, from 7 days - without a notary seal.

Other deadlines that apply to specific transactions must also be taken into account. For example, in the case of inheritance, you will have to wait 6 months from the moment it is opened. Waiting for permission from the PLO takes 14 days. Individual certificates are issued within 5-7 days.

Cost, expenses, taxes

Registration of any real estate transaction is always an expense. If we talk about children, they do not pay anything. Their mother and father or guardians do this for them.

Financial costs include:

state fee for registering ownership of a child – 2,000 rubles;
state fee at the notary - depending on the method of transfer (for example, a deed of gift will cost 0.5% of the price of the child’s share, and the issuance of a certificate of inheritance will cost 0.3-0.6% of the estimated value of the deceased’s property);
notary tariff (UPTH) – within the region, usually from 1,000 rubles and above.

Tax deductions are a separate line of expenses. They are associated with receiving income (for example, when giving a gift to a child).

A minor owner of a share does not pay tax in the case of family ties with the donor (clause 18.1 of Article 217 of the Tax Code of the Russian Federation).

For example, he (she) is his (her) son, daughter, younger brother, sister, grandson or granddaughter. In all other cases, children bear tax liabilities.

*/ – Receiving a share in the form of alimony is the teenager’s income. However, taxes are not taken into account here (clause 5 of Article 217 of the Tax Code of the Russian Federation). According to the law, alimony is primarily financial assistance from the father (mother). So that the baby eats well, goes to clubs, sections, wears comfortable clothes and shoes. Therefore, there is no need to pay tax on alimony payments.

Does a child have the right to a share in his father’s apartment?

There is an opinion that the father is obliged to provide the child with housing. If he already has a share in the apartment, he always allocates a part for the minor. However, it is not!

A registered child does not claim the father's property. Even if parents divorce, children are not entitled to a share in the joint apartment. However, if the child remains with the mother, the court may leave her a large share in the real estate (Clause 2 of Article 39 of the RF IC). A young family member will not be able to claim such a part.

In what cases do children have the right to their father’s property:

Inheritance - after the death of the father, the child can inherit a share in the apartment. Even if the father does not include the children in the will, they have the right to declare a mandatory share in the inheritance.
Child support debts – if the amount exceeds the permissible amount, and the father avoids paying in every possible way. The recipient of alimony (mother) can go to court and recover a share in the father’s apartment. The property will be used to pay off the debt.
An agreement to transfer a share for alimony is a voluntary decision of the former spouses. If it is more convenient for a man to “pay off” with property, and the mother has no objections, the child will receive a share in the father’s apartment. Cash payments stop.

So, we found out that there are many transactions that allow you to register a share in an apartment for children. The most difficult ones: buying a home, agreeing on alimony and using maternity capital. It is easier to allocate a share through privatization, donation and inheritance.

Still have questions? The lawyers of our portal are ready to answer them. Some people complain about refusals from the OOP. Others fear for the “purity” of the upcoming deal. Still others cannot deal with documents for Rosreestr. The lawyer will explain the peculiarities of using maternal capital, point out the pitfalls of donation and protect you from risks when buying a home.

You can watch the answers to other questions in the video:

How to register a share in an apartment for a child, is the child entitled to a share in the father’s apartment?

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In some cases, parents can independently decide to transfer a share in the apartment to their child. But often such a situation arises outside the will of the mother and father.

The law obliges to allocate a share when using maternity capital. A deed of gift or will is usually drawn up by grandparents. Different options have their own characteristics.

Let's look at how to register property as shared ownership with children.

The right of minor children to a share in an apartment

A person aged 0 to 18 years can be the full owner of real estate. Including shares in the apartment. The owner can own and use the object for its intended purpose.

However, due to the lack of full legal capacity, the child cannot dispose of the object. He does not have the opportunity to sell a share in real estate, donate it or lease it.

The authority to dispose of the property of a minor is vested in the legal representative (parent, guardian/trustee). At the same time, the law limits its capabilities.

The representative has no right:

donate a share in real estate on behalf of the child;
sell property without approval from the district guardianship department.

Therefore, the parent can only freely transfer the property for rent.

If the owner of the share is a minor (from 0 to 13 years), then the parent can make decisions on renting out the property independently. A minor (from 14 to 18 years old) enters into a transaction independently. However, the written consent of the representative is additionally required.

Registering a share in an apartment for a minor child

The child may be the owner of the property. The grounds for the emergence of rights directly depend on his age.

Since a minor cannot be an independent party to the transaction, his interests are represented by a parent. He is empowered to carry out a transaction on behalf of the minor and gives consent to the transaction to the minor. Although the child is not actually present when the transaction is executed, he or she has rights and responsibilities.

A child may acquire ownership of a share in real estate in the following cases:

when accepting a share as a gift;
when purchasing a share in real estate;
when fulfilling an obligation by parents (using maternity capital);
transferring part of the apartment as alimony;
upon inheritance.

When executing a transaction involving shares in real estate and the participation of minors, the transaction is subject to mandatory notarization. Otherwise, Rosreestr will refuse state registration.

When buying an apartment

One of the options for re-registering a share in an apartment for a child is to include the minor in the purchase and sale agreement. To conclude a transaction, the consent of the district guardianship department is not required.

However, if the settlement of the transaction requires the use of funds from the child’s account, then it is necessary to obtain permission for the disposal. To do this, the parent must submit a preliminary purchase and sale agreement to the guardianship department at the place of registration of the minor.

The document must contain information about the child’s acquisition of a share corresponding to the amount of money or more. Reducing part of the property when using children's funds is not allowed.

In practice, this situation arises when a family wants to improve their living conditions. But there is no money to buy a new apartment. Therefore, they sell their own home and use the proceeds to buy a new one.

If the child had a share in the old apartment, then it can be sold in such a situation, with the consent of the guardianship department. But the funds must be transferred to the child’s personal account. When a new home purchase transaction is completed, the money is transferred directly to the seller. But the minor must receive a share in the property equal to or greater than the amount sold.

When donating a share

Donation is a one-sided transaction. But the recipient must agree to accept the property.

A child cannot independently express an opinion when making real estate transactions. Therefore, the parent expresses consent to receive property as a gift.

Important! When transferring property as a gift, obtaining permission from the guardianship department is not required.

The donor can be either a parent or another person. If the transaction is from a distant relative, you will need to pay tax. Minors are not exempt from paying personal income tax when making a gift.

If a share in an apartment is given by one of the parents, then the second acts on behalf of the child. In the absence of the second parent, this responsibility falls on the guardianship department.

When fulfilling an obligation when using maternity capital

Since 2007, the Russian Federation has had a program to provide families with maternity capital when they have a second child. Assistance can be spent for purposes provided for by law. One of them is improving living conditions.

When spending financial support on housing (purchase, mortgage repayment, construction), parents give an obligation to allocate shares in the residential premises to their children.

The obligation is drawn up in written notarial form and must be fulfilled within 6 months. The exception is the situation with mortgage repayment. In such a situation, the share must be allocated within 6 months after repayment of the loan.

A minor's right of ownership arises on the basis of an agreement to allocate a share for the purpose of fulfilling an obligation. The document is drawn up in written notarial form.

When inheriting

A child can receive a share in real estate by inheritance. Moreover, he can act both as an heir by law and as a beneficiary under a will.

Acceptance of inheritance on behalf of a minor is also carried out by a legal representative. However, he cannot refuse to receive property if the deceased has deeds.

To issue a waiver, you must obtain the consent of the guardianship department. To do this, you need to prove the obvious unprofitability of accepting the property. For example, the share is too small, and the debts of the deceased are much greater.

When concluding an agreement on alimony

Art. 104 of the RF IC provides for the possibility of replacing regular child support payments with a one-time transfer of property. In such situation. When drawing up an agreement on the payment of alimony, the father may provide for the transfer of a share in the apartment to the child.

The cost of the share must be taken into account. It should approximately correspond to the amount that a man will pay if he makes regular payments. In addition, the recipient (mother or child between the ages of 14 and 18) must agree to accept the property for child support.

The implementation of the agreement ends from the moment the share in the apartment is registered in Rosreestr. Moreover, it is the minor who must become the owner of the share.

Step-by-step algorithm

The registration procedure varies little depending on the type of transaction. Each option has common points.

Algorithm of actions:

Collection of documents.
Payment of duty.
Contacting a notary office.
State registration.
Payment of tax (if necessary).

All actions to register a share for a child are carried out by his representatives. If the recipient is a minor, then he visits the notary's office to sign.

Collection of documents

List of documentation for registering a share in an apartment for a child:

owner's civil passport;
child's birth certificate;
civil passport of the minor recipient;
civil passport of the legal representative;
documents that confirm the authority of the representative;
title document for a share in the apartment;
extract from the Unified State Register of Real Estate;
fee payment receipt;
certificate of absence of debt for housing and communal services;
extract from the house register;
technical documentation from BTI.

Documents that confirm the authority of the representative

No. RepresentativeDocumentation

1	Parent	Civil passport of parent and child (if available), birth certificate
2	Guardian/Trustee	Civil passport of the guardian and the child (if available), birth certificate, resolution on the appointment of guardianship, certificate of the guardian/trustee
3	Adoptive parent	Civil passport of the guardian and the child (if available), birth certificate, agreement on the transfer of the child to the family, certificate of the adoptive parent
4	Head of the orphanage	Civil passport of the guardian and the child (if available), birth certificate, order for placement in an institution, order for the appointment of a director

Options for documents on the basis of which ownership rights are transferred to the child:

contract of sale;
gift contract;
notarial agreement on replacing alimony with property;
agreement on the fulfillment of the obligation for maternity capital;
certificate of inheritance rights.

All documents, with the exception of the certificate of inheritance rights, are prepared in 4 copies (to the owner, to a minor, to a notary, to Rosreestr).

Payment of duty

Regardless of the type of transaction, the parties bear certain costs. One of them is paying the notary fee.

Since a minor cannot bear the expenses on his own, their payment is entrusted to the legal representative. The amount of costs directly depends on the type of transaction.

The amounts depend on the region of circulation; expenses are indicated for 2023 in Moscow.

At the notary's office you must pay:

when registering a transaction – 0.5% of the transaction amount;
in case of inheritance - 0.3% - if the child is a brother/sister, son/daughter, 0.6% - if the minor is not one of the listed relatives;
notary services for registration of sales and purchase agreements, donations – 11,000 rubles;
when certifying an agreement to replace alimony with shares in an apartment - 8,000 rubles;
certification of the agreement on the allocation of shares upon fulfillment of the obligation for maternal capital - 5,000 rubles;
legal and technical services for inheriting a share in an apartment – 6,000 rubles.

Contacting a notary office

Notarization of transactions with shares in real estate with the participation of minors is mandatory.

Possible options:

In case of inheritance, contact the notary office at the place where the inheritance was opened.
When completing transactions, contact any notary office at the request of the parties.
Calling a notary to your home (costs increase by 1.5).

State registration

From 2023, when contacting a notary office to certify a real estate transaction, the parties to the transaction are exempt from visiting Rosreestr. The notary independently submits documents for registration.

However, payment of the state duty is still the responsibility of the parties. In 2023, when registering a share in an apartment, you must pay 2,000 rubles.

The ownership right to a share arises in a minor from the moment of making changes to the Unified State Register.

Deadlines

The registration procedure does not take additional time if the participant in the transaction is a minor. Registration period:

preparation of a draft document – 1 – 2 days;
notary certification 1 day;
state registration – 7 – 14 days.

In case of receiving property by inheritance, registration of property in ownership is possible after receiving a certificate of rights to the apartment. It is issued 6 months after the death of the owner.

It may take additional time to obtain permission from the district guardianship department. It is issued within 14 days from the date of application. However, the legal representative must prove that the minor’s property rights are protected.

Taxes

A minor owner does not have tax discounts. Therefore, in case of receiving the property, he must pay the necessary fees (if any).

When receiving a share in an apartment as an inheritance, a minor is exempt from income tax.
When receiving property as a gift, the child pays tax in the case of a gift from an outsider or distant relative.
When drawing up an agreement on alimony and an agreement on the fulfillment of an obligation, as well as a purchase and sale agreement, tax payment is not expected.

Rights of a minor to the father's share

Minors do not have automatic rights to the property of their mother and father. Therefore, a child can receive a share only if the parents voluntarily transfer part of the property to him.

If the mother and father divorce and share an apartment that is jointly owned, the child does not receive a share. The parents' property remains their property.

The registered child is not the owner of the apartment. Registration is not the basis for the emergence of ownership rights.

Rights of a minor to a share in a mortgaged apartment

The law does not prohibit minors from being owners of shares in an apartment encumbered with a mortgage. To allocate a share you must:

obtain the consent of the district guardianship department;
obtain the consent of the creditor bank.

The bank may refuse such a transaction without giving reasons. The main reason is the pledge of property that belongs to third parties. Since children's property is their property, and parents do not have the right to dispose of it at their own discretion.

Registration of a share in an apartment for a child is possible with the consent of the mother and father. From the moment of state registration of the share, the minor becomes its owner. However, it is impossible to dispose of property until the child reaches adulthood.

In special cases, you can obtain the consent of the district guardianship department. If difficulties arise when registering a share, it is advisable to obtain legal advice.

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We formalize the donation of real estate: can a minor child donate his share in the apartment?

Real estate alienation operations are always associated with a number of difficulties.
Especially if minors are involved.
For example, the issue of donation - on the one hand, a minor child can receive an apartment or a share in it as a gift.
But it will hardly be possible to give as a gift.

To solve your problem RIGHT NOW, get a free LEGAL consultation: +7 (499) 504-88-91 Moscow +7 (812) 385-57-31 St. Petersburg

Children and real estate - who is considered a minor?

It is a common belief that any minor, that is, a person under 18 years of age, is not considered competent enough to transact real estate. Theoretically, not everything is so simple here.

If we turn to civil legislation (Chapter 32 of the Civil Code), we can read that only minors (under 14 years old) have the opportunity to donate a share in a home (Article 575 of the Civil Code). But an older citizen - from 14 to 18 years old - can theoretically make this transaction, but only under the control of the board of trustees (Article 26; 28 of the Civil Code).

The supervisory authority must receive confirmation that in this transaction there will be no abuse of the rights of an individual who is not yet mature enough to fully understand all the nuances and consequences of the legal actions being taken.

Can a minor child donate his share in the apartment?

But in practice, guardianship never gives consent to such a transaction - for someone to give on behalf of another. The reason is a discrepancy with the necessary condition of any donation: a person alienates his home himself, of his own free will, of course, irrevocably and free of charge.

They are somewhat more willing to approve the sale of a share in housing owned by a child (although this is also extremely rare).

Is it necessary to involve guardianship authorities and in what cases?

The participation of the board of trustees is mandatory in any transaction where the property rights of a child are affected (Article 37; 292 of the Civil Code; Article 56; 60 of the Family Code).

In order for them to approve it, it is necessary to provide documented evidence that the rights of the little citizen will not be violated and his living conditions will not suffer from this alienation in any way (Article 21 of Federal Law No. 178-FZ of July 18, 2009).

The best evidence would be, for example, a contract for the sale and purchase of another home. Or, again, a donation - from which it will be clear that the child received ownership of, at a minimum, housing not in the worst conditions.

The words “living conditions do not deteriorate” usually mean:

larger housing;
the apartment is the same in terms of the number of square meters, but with a separate room for the child;
purchasing an apartment in a more prestigious area, with more developed infrastructure, where, for example, a school is within walking distance.

However, each case is individual and will have a special approach. All these factors are good for selling a child’s share, but not for donating it.

Guardianship will not give consent to the donation, if only because, based on the law, donation is the gratuitous and voluntary alienation of a thing in favor of a third party, which can only be performed by a fully capable person. And the fact that the donor is not yet an adult is in itself a violation of this condition.

To obtain consent from the guardianship, in addition to the owner’s consent to alienation (notarized):

civil passports of both parents and the owner of the share;
title papers for the share;
technical documentation for the alienated area and that given in exchange;
application for approval of a gift on behalf of the child.

The request is considered within two weeks, after which the supervisory authority gives a written response.

In what cases is it impossible to make a donation?

In all, if the board of trustees does not approve it. As already mentioned, regulatory authorities are extremely reluctant to approve transactions involving the alienation of children’s property in general, and even more so donations.

Responsibility for alienation of property from minors

If a violation is detected on the part of the guardians, the transaction will be declared illegal and the property will be returned to the owner. Moreover, if guardians not only neglected routine rules, but also received benefits, then they may face criminal liability.

So, an attempt to donate a share in housing on behalf of a child is almost guaranteed to fail. Moreover, if we are talking about a minor – under fourteen years old – citizen.

If such an action is really necessary, it is better to wait until the person reaches the age of majority and his informed consent to donate part of his property rights.

This is guaranteed to save guardians from unnecessary questions from law enforcement officers.

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How to register a share of an apartment for a child

Artur KASHUBA, general director of a real estate agency, says:

— You can register a share for a child in two cases: when buying an apartment, and if the housing is owned, then donate part of the property.

At the time of buying

If you plan to register a share for a child upon purchase, enter into a purchase and sale agreement including the minor in it. All legally significant actions for the child are carried out by parents, guardians or legal representatives, therefore the signatures in the purchase and sale agreement must be provided by these persons.

After signing the purchase and sale (donation) agreement, the real estate transaction is subject to state registration. The housing will be registered as a property (shared), one of the shares of which will belong to the child. He will also be listed as the owner of the property on the property certificate.

If you give
You can donate part of the apartment to a child if you are its owner.
To register part of the real estate as a gift, you must obtain a notarial permit and the consent of your spouse if the apartment was purchased during marriage.
After concluding the gift agreement, the documents are submitted to the registration service, where the child’s ownership of the share is registered.

Required documents

documents for ownership of the apartment (any basis for ownership: gift agreement, inheritance, privatization, etc.);

certificate of registration of rights;

passport of the legal representative;

minor's passport or birth certificate;

application for state registration of rights and transfer of rights;

receipt of payment of state duty;

if the apartment was purchased during marriage, the consent of the spouse to alienate the property (if necessary).

Page 2

Artur KASHUBA, general director of a real estate agency, says:

— You can register a share for a child in two cases: when buying an apartment, and if the housing is owned, then donate part of the property.

At the time of buying

If you give
You can donate part of the apartment to a child if you are its owner.
To register part of the real estate as a gift, you must obtain a notarial permit and the consent of your spouse if the apartment was purchased during marriage.
After concluding the gift agreement, the documents are submitted to the registration service, where the child’s ownership of the share is registered.

Required documents