The child's discharge from the apartment at the time of sale, and how and where to discharge children at the time of the sale of the apartment in 2023

Many people believe that when selling an apartment, you have to get out of this property in advance, and you need to get a good look at the matter so that you don't violate the rights of the new owners.

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.

If you want to know,How to solve your problem is to use the form of an online consultant on the right or call on the phone at +7 (499) 703-42-46. It's quick and free!

Why drop out of real estate when it's sold?

Every person interested in buying an apartment or other facility wants real estate to be truly clean, so it is not allowed to include outsiders who cannot be issued or who have different restrictions presented by the pledge or arrest.

What's important is that the absence of any burden, restriction or prescription of citizens in an apartment allows buyers to enter and use real estate immediately, so these types of apartments will always be attractive to buyers.

Therefore, sellers usually explain to potential buyers that no one is prescribed in the apartment, which necessarily increases the chances that citizens will agree to the purchase.

Do you have to be de-counted for the sale of an apartment?

If a decision is made on the sale of real property, owners must ensure that the facility is completely clean and ready for sale.

So all people registered in real estate have to get out of it.

How do you check your apartment papers before you buy them?

Only then will the object be ready for sale.

There is no clear time frame in the legislation as to when salesmen or other people who are officially registered in a dwelling should be released.

• All you need to know about propiska and discharge in housing transactions is this video:
• Normally, when selling an object, nuances are taken into account:

• The seller shall specify, directly with the buyer, the time within which it must be discharged from the real estate, and these conditions must be specified in the sales contract, which is then signed by the parties and recorded;
• If minors are registered with the dwelling, care must be taken in advance to ensure that they are discharged from the apartment or otherwise it will not be possible to sell property because the guardianship authorities will not authorize the process;
• If a non-privatized dwelling is sold and if the citizens who are prescribed therein disagree with the sale, it may be discharged only through judicial proceedings;
• Minors are only discharged if there is another type of real estate where they can be registered immediately.

For the rapid sale of real estate, it is desirable for the owners of the dwelling to make sure that all citizens are released from the premises in advance, which will have a positive effect on the decision-making of potential buyers.

Procedures for the discharge of citizens from an apartment before sale

The process of getting people out of the apartment is considered to be quite simple, and it does not even involve spending much of the money provided by the government.

Model application for withdrawal from registration.

To this end, only documents are prepared:

• A well-formulated statement from all citizens who are registered in the apartment and who wish to be discharged from it;
• The forms must be filled in personally by every citizen who has reached the age of 14;
• If children under the age of 14 are registered in real estate, a declaration shall be made for them by their official representatives or parents;
• Citizens ' passports and minors ' birth certificates are prepared;
• A disposal sheet shall be formed from the facility;
• It is often necessary to prepare a home book.

It's important that you check out at the passport desk or at the FMC office, and preferably come to one of these institutions in advance to get a complete list of the documents that will be needed for this process in order not to come to the facility several times.

Time frame within which the discharge of citizens will take place

The law does not specify exactly when citizens are required to leave the apartment at the time of sale; it is desirable to do so before the non-family formation of the contract with the buyer.

If the contract states that all people who are registered in a dwelling will be released after re-registration, article 314 of the Civil Code requires that this be done within 7 days.

Article 314. Duration of the obligation

1.

If the obligation provides for or makes it possible to determine the date of its performance or the period during which it is to be fulfilled (including if the period is calculated from the time of the performance of the other party ' s duties or the occurrence of other circumstances provided for by law or contract), the obligation is to be fulfilled on that date or, as appropriate, at any time within that period.

2.

Also for the new propiska, a period of 7 days is granted, as if people were not registered in a week, this would be the reason for the imposition of a substantial fine.

Features of the sale of property with deferred discharge

When an object is sold, a specific period of time may be specified in the contract to be drawn up with the seller, during which all citizens who are registered in real estate must be discharged from it.

To this end, account shall be taken of the conditions that are optimal for both parties to the transaction.

The document may prescribe when the apartment is actually to be completely free from the people living in it.

If the time limits prescribed in the sales contract are breached, the buyer of the dwelling may sue the violators.

Exposition and propiska from the new place of residence: Photo: pronovostroyku.ru

It was important to make a valid claim and provide copies of documents that confirmed a breach of the agreement.

To ensure that the rights of buyers are not violated, it is recommended that legal professionals be involved in the drafting and signing of various documents.

Dismissal Specificity of a child ' s discharge

The discharge of children from any real estate is difficult because it is possible to do so only if there is another type of real estate where a minor can be prescribed at once.

If a child lives in an apartment, it can be sold or discharged only with permission from the guardianship authorities.

The new housing to which the child is registered must fully meet the many requirements, and the guardianship authorities must study and verify the new property.

If a child lives with two parents, they must both apply for a minor ' s discharge, and these documents specify the new subject of the child ' s registration.

1. The application must be accompanied by a parent ' s passport and a birth certificate or a child ' s passport.
2. When should I get out of the apartment to sell it?

If the minor is the owner of the share or all of the real estate, permission must be obtained from the guardianship authorities even for the sale of the property.

Where's the salesman gonna go?

If a person with an apartment wishes to sell it, he must be discharged from it in advance, as well as registered in another suitable property.

It's important that you have not only a permanent propiska but also a temporary registration, so you can ask your parents or friends to register a person temporarily in their homes.

Dismissals may be issued without subsequent registration for citizens:

• Citizens who are missing;
• Deceased persons;
• Military personnel performing military service at the time of their discharge from the apartment;
• At that time, persons held in places of deprivation of liberty;
• People who have lost their right to live in real estate for various reasons.

Conclusion

Thus, the sale of the apartment must necessarily be accompanied by the discharge of all citizens.

This point is checked by each potential buyer, so people often refuse to buy because many people or children are registered in the apartment.

The sellers of apartments must make sure that all citizens are discharged from it in advance, which will allow them to sell the facility quickly enough and without difficulty.

Free consultation

With the latest legislative changes, the legal information in this article may have become obsolete!
Our lawyer can consult you free of charge - write a question in the form below:

Free consultation

With the latest legislative changes, the legal information in this article may have become obsolete!
Our lawyer can consult you free of charge - write a question in the form below:

The sale of the apartment 2023 - 2023 was completed.The new Law on State Registration of Real Estate of FZ 218 entered into force on 02.01.2022, during which time several amendments were made and the latter entered into force on 01.10.2018.

Features of the discharge of a minor child from an apartment

• Exit from a child's apartment.
• Dismissal of a minor child from an apartment
• Exit from a minor ' s apartment through court
• Children ' s discharge from a municipal apartment

Exit from a child's apartment.

For starters, let us define the term "deposit." The fact is that, with the adoption of the new legislation, it was found to be archaic and replaced by the terms "residential registration" and "residential registration", but the concepts of "deposit" and "propiska" are still used.

A few simple rules must be kept in mind if the discharge from the child ' s apartment is not to become an endless chain of complicated actions:

1. A minor child must be registered and removed together with his or her parents or legal representatives.
2. If the minor is the owner of the dwelling or has a share in it, his or her release on the sale of the dwelling is possible only with the consent of the guardianship and guardianship authorities, and the consent of the guardianship authority is required not only in the case of real estate transactions where he or she was registered, but also in the case of the waiver of his or her property rights (e.g. if the child is refused to take part in the privatization of the apartment on behalf of the child). If the parents or legal representatives of the child are of the opinion that the refusal is not lawful, they may apply to the court.
3. If the child ' s parent does not live together for any reason (e.g. after divorce), the discharge from the minor ' s apartment may be effected only with their consent.
4. If the child does not live in an apartment, he or she may be discharged on the basis of a court decision.
5. Even if parents (or one of the parents) have been deprived of parental rights, the minor child still retains his or her right to use the apartment in which he or she is registered.
6. You can't get a child out of here -- there's got to be an address for the future sign, and the living conditions in the new place should be no worse than in the previous one -- so if the kid used to be 18 square metres, then the share in the new apartment should be no less.

Dismissal of a minor child from an apartment

Consider two options: when the child is the owner of the dwelling and when he is not, but is simply registered in it.

If the child is the owner of the dwelling:

1. We go to the guardianship and guardianship authorities to obtain their consent for the child ' s discharge; in order to obtain this document, it is necessary to obtain a certificate from the passport table concerning the persons living in the apartment (the apartment to be sold) and to submit:
   • A certificate of ownership of real property;
   • Technical passports of apartments (sold and purchased);
   • Parents ' passports;
   • The birth certificate of the child;
   • Within 14 days, the guardianship authorities review all documents and give consent or refuse to issue them.
2. If the permit is granted, the sale of the dwelling is processed, followed by the State registration of the transfer of ownership of the property.
3. The next step is the discharge from the child's apartment, which requires parents or legal representatives to come to the passport table with the following documents:
   • A declaration of removal from registration;
   • Passports;
   • The birth certificate of the child;
   • The authorization of the guardianship authority;
   • A statement on behalf of a minor under the age of 14 shall be written by his parents or legal representatives; upon reaching the age of 14, the child shall write his/her own statement.
4. Now we have to put the baby in a new apartment, and again we turn to the passport desk at the place where the real estate is located, with a statement to which we attach:
   • Parent ' s passport;
   • The birth certificate of the child;
   • A certificate of ownership of the new dwelling;
   • Authorization of the guardianship authority;
   • Exit sheet from the old address.

In parallel, we fill out the arrival sheet and wait for the documents to be checked, and within 3 days the receipt will be completed.

If the child is not the owner of the dwelling:

You don't know your rights?

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1. In this case, the consent of the guardianship and guardianship authority is not required, so let's just go to the passport desk and hand it over:
• Statement;
• Parent ' s passport;
• The birth certificate of the child;
• The application for a minor is written by the parent or, if the child has reached the age of 14, by him/her, by him/her.
2. After the child ' s discharge from his or her old place of residence (within three working days from the date of submission of the documents), he or she must be registered in a new apartment.

Exit from a minor ' s apartment through court

A minor may be discharged from an apartment by a court order if he or she has lost his or her right to use the dwelling or has not acquired or terminated his or her right to use the dwelling.

The application shall be filed with the court at the defendant ' s place of residence; the participation of the guardianship and guardianship authorities as third parties will be a mandatory condition in this case.

It is also important to know that a child may not be discharged from an apartment by court order in the following cases:

• If it is registered as a participant in the privatization of housing of the municipal housing stock;
• If the child is the owner of the dwelling from which he or she is to be discharged;
• If the claim is filed by a person who has an interest in the disputed premises.

The court was rather skeptical about the eviction of minors, trying not to violate their rights, although there were some model cases that were still pending.

For example, if the parents apply for the eviction of a child who is prescribed by one of the parents but who actually lives in another place (to be allowed by his grandmother), the court must find out where the child ' s legal representatives live and may well approve registration at a new address.

The most difficult situations usually occur when a child is wanted from a larger apartment to a smaller one.

Children ' s discharge from a municipal apartment

A discharge from a municipal dwelling may be made subject to two conditions:

1. The child ' s discharge is possible if he or she is registered in a new apartment together with one of the parents or legal representatives.
2. The child can only be prescribed in an apartment where the living conditions are no worse than in the previous place of residence.

The order of discharge is as follows:

1. Request a certificate from the passport table on the dwelling and a copy of the facial account, which includes a passport, a birth certificate and a social employment contract.
2. With the receipt of the certificate, go to the authority of guardianship and guardianship for authorization and submit the following package of documents:
• the face-account,
• A certificate of residence in the apartment,
• Parents ' passports,
• the birth certificate of the child,
• Technical passports for apartments (old and new),
• a certificate of ownership of the dwelling,
• Social employment contract. We wait for the guardianship authority to review the documents within 14 days.
3. After all the above procedures and authorization have been completed, the child can be discharged from the old apartment and registered in a new one.

As you can see, the options for releasing a child from an apartment are many, and in each case an individual approach is needed, but the most important thing to remember is that the public authorities are committed to protecting the rights of the child and, in situations of dispute, always give priority to the legitimate interests of the minor child.

Sources:

How to get a minor out of an apartment in 2023, the owner, can you sell it from a municipality?

The procedure for the discharge of minors is clearly defined in the system of Russian legislation.

There are many more authorities involved in solving the issue than in issuing/implementing people who have reached the age of 18; consider this question in more detail.

Rules of law

Can I?

The protection of children ' s rights throughout the world is very relevant, and there is also a system in place to protect the rights of minors; one of the most important guarantees for children is housing as a place of residence and harmonious development.

The institution of propiska, which is still in operation in the Russian Federation, is an important element of the legal guarantee of the child ' s own residence.

Russian legislation allows children to be expelled from their apartments, but only if certain conditions and rules are met.

Failure to comply with the law may lead to difficult problems of a material and administrative nature.

Conditions and grounds

The basic rules to be observed are as follows:

• A documented consent of the guardianship authority is requiredAlthough legislation allows for the removal from a privatized apartment of someone who is not on the list of owners of real estate, such discharge of a child under the age of 18 may be subject to judicial review; before the discharge, the guardianship authorities must ensure that there is an apartment (home) to which the child will be registered; this is mandatory.
• As a general rule, children are discharged and registered in a new place in parallel with their parents.Under article 20 of the Civil Code of the Russian Federation, the child lives together with his or her parents; the exception to this rule is the purchase of a child into the home of his or her grandparents.
• Housing areain which the child is to be registered, there may be no less than the area of the dwelling (home) at the previous place of registration.
• All legal actions of persons over the age of 14 are carried out by them independently, but with the permission of their parents.Sometimes the question arises whether everything can be done to the owner without the mother ' s consent; the answer is clear: both parents ' consent is required.
• Interests of persons between 0 and 14 years of ageThey are represented by their parents (art. 64).

The main reasons for the discharge of minors are as follows:

• Moving to another dwelling (even another city) after sale or exchange;
• Parental release due to changes in life circumstances.

Such documents shall be the basis for the removal of the child from the register:

• Authorization of the guardianship authority;
• A formal contract for the sale or exchange of real property, i.e. a change of place of residence (art. 7 of FL No. 5242-1 of 25 June 1993 on the right of citizens of the Russian Federation to freedom of movement, choice of place of residence and residence within the Russian Federation).

How is the situation dealt with in the form of a gift contract?

In this case, it is worth analysing the situation, for example, if the parents do not stay in the residence, the children are discharged.

Step instruction

Consider aspects of the discharge based on specific points that may occur.

Sales

Let's say the child's parents sell the apartment.

If the child is not the owner of the dwelling, his or her parents must take the following actions to protect the rights of the minor:

• To issue a contract for the sale of the dwelling in which they had previously lived;
• Find a new place of residence;
• Come to the passport table in the last place of residence and hand over the documents (passport or other document for the child, home book or form No. 16 taken from the WEC).

The de-registration procedure may last up to seven calendar days.

Note that if the child is not the owner of the dwelling, obtaining a permit from the guardianship and guardianship authorities is desirable but not mandatory.

In such a case, the primary concern of parents is to ensure decent living and development conditions for the child in his or her new place.

The relevant authorities have the right to check the child ' s living conditions at any time.

Accrued

Note that only privatized apartments can be sold, so the discharge process is described above.

Relative (father, grandparents)

• The child is usually prescribed with the father and mother, but there may be different situations in life.
• If a child is to be registered separately from his or her parents, the consent of all the tenants in the apartment to which he or she will be registered must be obtained.
• Now let's look at the situation of the discharge.
• The operation will require:

• The consent of the guardianship authorities;
• Guaranteeing the child ' s registration in another place without reducing the space allocated to the child;
• To obtain written permission from all those registered in the apartment, as well as both parents.

Where should I go?

A child ' s discharge procedure may require recourse to:

• The housing and maintenance office (to provide information on the composition of the family and the dwelling);
• The quarterly committee (which performs almost identical functions with J. Ekom, but only for private-sector households);
• BTI (makes a technical plan of the premises that may be needed to prove that the child has been provided with the same housing as he or she had in his or her previous place of residence);
• The guardianship and guardianship authority (permits the minor ' s release);
• Passport desk (de-registration operation).

If he doesn't live in it.

The situation is rather unusual, although it also happens from time to time; let's assume that the child is registered with his grandmother because he lived there before with his parents; then the parents were discharged, and the minor with the consent of the guardianship authorities, and consequently the grandmother remained registered at the same address; now the situation in the family has changed, and the child's prescription needs to be changed.

This action can be carried out, but only if the following conditions are met:

• To obtain permission from the guardianship and guardianship authorities on the basis of their conclusion that the living conditions of the child ' s place of residence with his or her parents are no worse than those of the minor ' s current registration form;
• The consent of persons who reside at the place of registration of the child to be released;
• The parents' consent to his or her son's or daughter's propiska.

What kind of documents are you looking for?

It is relatively easy to discharge a child who is not the owner of the dwelling.

In order to do so, the applicant must provide to the passport desk at the old place of registration such a package of documents:

• The passport of the applicant parent;
• The birth certificate or the child ' s passport;
• The technical passport of the apartment or house where the child will be registered is valid for not more than three months.

In the passport table, a parent (or a child over 14 years of age) fills out an arrival — departure.

If the child is the owner

The order of issuance and the list of documents required in this case vary to some extent. Consider it in more detail.

If housing has been purchased on mother ' s capital

The sale of such housing is subject to very strict control by the officials of the guardianship authorities, the main task of which is to protect children ' s rights.

The child ' s parents must take the following steps to perform the operation:

• To obtain the permission of the guardianship authorities;
• To find new housing where a child can be registered;
• Formalize the contract of sale or exchange;
• Conduct an discharge of the child and preferably write it in parallel to the new address;
• Provide the guardianship authorities with evidence of respect for the rights of the child.

Where should I go?

First, parents go to the passport table at their previous residence.

In order to obtain a permit from the guardianship authorities, it is necessary to obtain a certificate on the list of persons registered in the dwelling (family composition certificate).

Such a certificate may also be obtained from the LEC or the quarterly residence committee, after which the guardianship authorities may request a certain package of documents to obtain a permit.

The decision shall be rendered within 14 days of the receipt of the full package.

By the way, these services can be obtained remotely, through the IFC or through public services, and are then sold old and acquired new real estate, and registered through the Rosreister.

What kind of documents are you looking for?

The passport desk will require:

• The applicant ' s passport;
• Birth certificates for a son or daughter;
• A document on the ownership of real property.

I'm gonna have to bring it to the board.

• Certificate from the passport table (WEC, quarterly committee);
• Parental passports;
• a passport or a birth certificate for a child;
• Real estate documents (sold and purchased), including transport documents.

Such documents shall be made available for the transaction of sale of real property in which the child is prescribed:

• The passport of the principal tenant;
• Child documents;
• Property rights and transport documents;
• Authorization of the guardianship authority to sell the facility.

The child ' s discharge takes place after the registration of the ownership of the new dwelling, subject to the availability of such documents:

• The applicant ' s passport;
• The birth certificate (passport) of the child;
• A certificate of ownership with the child ' s name;
• The guardian's permission.

All these documents must be presented at each stage of the sale of real estate and the discharge of the child, since all legal issues relating to children are very important and sensitive.

If the dwelling is municipal, public or service

Part of the flats of the Russian Federation ' s general housing stock are not privately owned by citizens.

Consider the procedure for the discharge of minors from a social employment apartment.

Where should I go?

The procedure is approximately the same as described above:

• The complainant first applies to the passport desk to obtain a certificate of the names of the persons registered in the apartment.
• It is then necessary to file an application and submit the documents to the guardianship authority.

The custody permit will be ready in a maximum of 14 days, and the discharge from the municipal apartment will take place on the passport table.

What kind of documents are you looking for?

In order to obtain a certificate, the passport desk will have to provide:

• The applicant ' s passport;
• Child ' s documents;
• Social employment contract or apartment warrant.

In the Board of Trustees, the applicant will be required to:

• Parents ' passports;
• Child documents;
• Personal account and other documents for the dwelling;
• Certificate from the passport desk;
• A document for an apartment or house to which the child will be registered.

The discharge is subject to a standard package of documents and authorization, which in this case is the main document for the staff of the passport desk.

When do we have to go to court?

In some cases, the issue of discharge will have to be decided by a court.

These are mainly situations in which natural or legal persons have acquired real estate, in which a child under the age of 18 is registered, and when the transaction is completed, the parents do not write it.

They also sometimes apply to the court for the release of the children of the ex-wife from the mother-in-law ' s apartment (if the mother-in-law is against).

Jurisdiction

These cases are heard in the ordinary courts of the place of residence.

How do I file a lawsuit?

The application to the court is simple enough because the plaintiff is aware of the actual legal facts affecting the subject matter.

The following information should be clearly stated in the statement:

• The name of the judicial authority to which the application is sent;
• FIO and contact details of all parties to the conflict;
• The motivational and evidentiary parts;
• The requirement of compulsory discharge of a child from an apartment;
• Annexes (documents, State duty receipts).

Questions

If I write a gift contract, should children be discharged?

In such a case, children are only required to be discharged if the parents leave the apartment.

I bought or gave you an apartment with a registered child.

The child ' s obligation to be discharged rests with his or her parents, who must carry out this procedure as soon as the property rights of the new dwelling are registered.

If the discharge is not made, the new owner of the dwelling has the right to apply to the court for the compulsory discharge of another's child.

Is it possible to set up a debt-free apartment?

Yeah, you can write the discharge anyway, but it's important that you don't go to the management company because the professionals will be interested in paying back the debt and not let you go.

Can everything be processed before privatization?

There is no doubt that legislation provides for the discharge of children from service, municipal and public apartments.

Can everything be done to the owner without the mother's consent?

The discharge without the mother ' s consent shall be enforced only by a court decision.

How do you do it after the divorce?

The discharge procedure does not change, i.e. applicants must perform all the actions that are standardised.

In addition, the application to the guardianship authorities described the situation with regard to divorce and attached a divorce certificate.

How do you discharge a disabled person?

The discharge of a disabled person is made exclusively through the court.

What do you do if you're out of the woods?

In such a case, it is necessary to go to court and restore the old propiska.

Is the procedure allowed if the apartment is mortgaged?

The procedure for the discharge of children from an apartment under security is permitted and is carried out in the same way as in ordinary apartments.

What are the nuances of moving to another city or country?

The main nuance is that it is difficult for the guardianship authority to provide documents for new housing in another city.

To be successful, a child's discharge operation requires the provision of proof of travel documents.

This article addressed the question of how to discharge a child from an apartment, and clear compliance with the rules of the law will ensure that the procedure is carried out in a child-friendly and child-friendly manner.

Attention!

• Because of frequent changes in legislation, information sometimes becomes obsolete faster than we can keep it up to date on the website.
• All cases are very individual and depend on many factors, and basic information does not guarantee that your problems will be solved.

That's why you have 24/7 expert consultants working for you!

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Exit from the apartment, how to discharge a child, a former spouse, and who cannot even be discharged from court - Real Estate Handbook

Promissory and discharge

Russian law requires registration at the place of residence, i.e. permanent or temporary registration; the permanent is also referred to as "propiska".

If a person changes his or her place of residence, for example, sells an apartment, he or she must be de-counted, that is, discharged, and registered in a new place.

It's done to make the state understand how many people live in a place and where they move, and it gives people registration the right to receive various social services.

And here's the paradox: the owner of the apartment can sign and leave his or her home and write anyone in his or her home, but the discharge of other registered persons from the apartment often becomes a very difficult and long process for the owner.

How to get another person out of his apartment

The only short and painless way to get someone out of their apartment is to get their consent to it. The registered person applies for the passport table (i.e. in Moscow, you can check out at the IFC offices) and is de-counted.

The problem starts if the person doesn't want to leave the apartment, in which case the owner can only evict him through a court of law.

"At the request of the owner, he or she may be discharged from the apartment by himself or by the persons of whom he or she is the legal representative: disabled or disabled citizens and children under 14 years of age.

All others can be deregistered on the initiative of the owner only on the basis of a court decision," explains the head of the Quality Control Department of the Amulex Legal Service, Nurid Ibrahimov.

Lawyer Victoria Danilchenko points out that leaving the apartment through court (i.e. without their consent) requires good reasons, such as divorce, actual residence, non-payment of utilities, damage to property, and all of this still needs to be proved.

• The owner may, however, discharge the tenants, even without their consent, if the apartment has been presented to him or passed on to him.
• Can you get out of the apartment?
• According to Victoria Danilchenko, people often go nowhere if:

• The dwelling is sold and plans are made to purchase other properties in return;
• Residents emigrate;
• The creditor takes real estate into account for the repayment of debts.

There's a "Where Out" item in the departure sheet, which a person fills out when they're off the record, that says his new address, but if it's not there, there's no need to say anything in the list.

Sophia Hanunova, of the European Legal Service, states that when a person is released, he or she must be registered on a temporary basis (he or she will be living somewhere while, for example, his or her new construction is being completed), especially since the absence of registration in his or her place of residence can result in a fine.

How to Leave a Child's Home

Children up to the age of 14 must live in the place of their parents ' registration (or one of them), i.e. regardless of who owns the dwelling, the child is registered at the address where the mother and/or father are registered. Children under the age of 14 may not be registered or discharged separately from their parents.

If the child does not own real estate or a share in it, then it is easy to release it.

The presence of the real estate owner, where the child is prescribed, is not necessary.

An orphan child may even be discharged (e.g., if parents buy a new structure in return for their apartment, which is not yet registered, or move abroad).

It's a different matter if the child owns the property in which he is registered, or his share in it; then it's not easy to remove him from the registration of his place of residence; moreover, the presence of juvenile owners is often an obstacle to the release of the entire family.

The rights of children who are not yet in a position to defend their legitimate interests are protected by the guardianship and guardianship authorities; neither the parents nor other legal representatives of the child may sell, exchange, gift or lease property belonging to a minor without the permission of the guardianship authorities; nor may they order a minor from his residence without the approval of the authorities.

"You can't get a kid out of a two-room apartment and write it in a commune, except in another two-room apartment or three-room apartment or more," counsel for Victoria Danilchenko explains.

The exception is the divorce of the parents and the division of the home, in which case the purchase of real estate may be allowed, where the child's share will be lower, because this eliminates "the mental disadvantage of the minor".

Can you get out of your ex-husband's or wife's apartment?

When a marriage is dissolved, it is no longer lawful for the ex-wife to be a relative, so that he or she may be discharged from an apartment where he or she does not own it.

But it happens that one of the spouses owns the apartment, and the other one is only prescribed in it, and these are the factors that can prevent him from being discharged in this case.

Elimination of privatization

People who refuse to take part in privatization for the benefit of their spouse or child acquire the right to live in an apartment; even if they sell the apartment, they cannot be discharged.

Apartment— Joint property

I mean, it was acquired in marriage, and it doesn't matter whose money, if there's no marriage contract that determines the division of property in divorce, it's legally divided between 50 and 50.

1. There is a clause on the residence of a former spouse in the marriage contract
2. If the husband and wife signed a marriage contract with such a clause, the ex-wife could no longer be discharged.
3. There's no other place to live.

This may be the case if the former spouse does not have parents or other relatives to register with (or is unable to do so) or if he does not have a separate dwelling or a place to register temporarily.

But there's a lot of nuance here, and it's still possible to get discharged through court in a situation like this, like if the ex-spouse actually lives elsewhere or his official salary allows him to rent a place and move.

• Municipal apartment
• If the spouses live in an apartment under a social employment contract, they will continue to operate after divorce.
• If there is a common child who is cared for by an discharged spouse

For example, if the ex-wife is registered with her ex-husband, there is also a registered minor child with whom the woman is in a decree, who does not work and has nowhere to be discharged.

The court may reserve her the right to retain registration at a given place of residence for a certain period of time, which does not mean that a person cannot be expelled at any time, but such a moment can be postponed, and the judge sets a time limit.

The period ranges from a few months to dozens of years (e.g. until the child's 18th birthday).

But such situations are individual, and the court's decision depends on many circumstances.

One ex-spouse pays alimony to another

"It means that if the husband pays alimony to the wife, the court may (but it does not have to) retain her right to use the apartment for a certain period of time," explains Nurid Ibrahimov. And here everything is very individual.

Anyway, if the ex-husband doesn't agree to the eviction and discharge, he'll have to go to court.

Who can't get out of the apartment even through court.

There are several categories of people who have the right to live on a certain dwelling for life, and they cannot be evicted under any conditions, even if the owner changes.

These categories include:

• Minors who live in a children ' s home or other children ' s institution by decision of the guardianship authorities.

"Even if the child's parents are deprived of parental rights and the right to use the dwelling, this does not apply to the child," says counsel Victoria Danilchenko. "And after returning from an educational institution (medical, etc.), the child will be accommodated in the apartment in which he or she was registered. Any removal from registration is regulated by the guardianship and guardianship authorities."

• People who have renounced privatization in favour of other family members, this right is enshrined in the Supreme Court of the Russian Federation.
• People who have been given the right to live in a willed apartment.—The owner does not have to make a bequest, nor does he have the right to know who owns the dwelling, but is able to live in it as long as he wishes.
• People living in housing and construction cooperatives who have paid at least part of their drinks per dwelling (even if they are not owners).
• The spouses who entered into a marriage contract defining the right of one of the non-owner spouses to live in an apartment even after divorce.
• Beneficiaries who gave the apartment to the person who paid the rent but kept the right to live in the apartment.
• Persons dependent on the owner,—Disabled citizens or persons with disabilities.
• Employers of office accommodations who have been granted the right to live for life, registered before 2005 and need to improve living conditions.

Can anyone claim to have been illegally discharged from the apartment?

Naturally, any citizen has the right to apply for and register in a residence if he or she has been illegally evicted and/or removed from his or her register.

"This is possible, but deregistration is carried out by the public authorities, which means that they act in accordance with the law; in any event, the person whose rights have been violated is always entitled to apply to the courts," notes the lawyer at the A2 Law Office, Denis Murdalov.

The court will find out if the discharge and eviction were legal, but as lawyers point out, a person without his consent can only be de-counted if he is found missing or dead, and this is also admitted through the court, and in all other cases, the de-registration is only done by the court, and justice must be restored there.

If it turns out that there was no reason to recognize a person as having lost his right to use and to be de-counted, they'll put him back on the premises and put him on the register.

Authors: Team Yandex Real Estate, Illustrator Vera Hokhlov.