How to properly register an apartment for a minor child
Content
Investing in real estate registered in the name of a child is a worthy investment in his future, protected by law. How you can draw up an agreement for a minor, who should sign it, when he will be able to dispose of real estate, whether it is possible to receive personal income tax from a purchased apartment in what order, is described in detail in this material.
Is it possible to register an apartment for a minor?
The law allows property to be registered for persons under 18 years of age on the initiative and with the consent of their legal representatives. Transactions are completed by parents. After reaching 14 years of age, a citizen has the right to sign documents on his own and express his intention to complete or refuse to complete any transaction.
The transfer of rights to an apartment to children is carried out at any age up to 18 years of age in the presence of a conclusion from the guardianship and trusteeship authorities, which is presented when registering the transaction in Rosreestr and is an integral document. If you have problems obtaining a document, ask lawyers how to purchase it.
Is it possible to purchase an apartment if maternity capital has been issued to a minor child, and how are his rights protected? The purchase of real estate is possible in the name of parents or children, both under a purchase and sale agreement with direct payment, and with the provision of maternity capital.
When making payments from state subsidies, when purchasing real estate for the family’s own needs, parents or legal representatives provide a notarized obligation to allocate a share in the property for the child after he reaches the age of 18.
The legitimacy of the transaction when using maternity capital funds is confirmed by the Pension Fund of Russia.
How can a notary help?
Some of the documents that are provided when registering the property rights of minors, also at the disposal of real estate belonging to them, are subject to mandatory notarization.
In addition, it is recommended to sign the agreement in the presence of a lawyer, which serves as an additional legal guarantee of the legitimacy of the transaction.
The notary checks the legal capacity of persons representing the interests of minors, documents of title for housing, and analyzes the legal consequences of concluding such agreements.
It is almost impossible to challenge a transaction concluded in the presence of a notary. This feature provides additional protection for the rights of the child and a significant reduction in the risks of canceling such an agreement. To determine all the nuances of the transaction and pitfalls, we recommend that you seek advice from the specialists of our website and you can ask your question .
The advantage of executing a transaction in the presence of a notary is that they provide legal advice on the question of whether it is legally possible to formalize and on the basis of what documents the transfer of rights to an apartment to children when concluding a specific agreement, taking into account the current legal situation.
What options are there?
In practice, the question often arises: if I want to register my apartment for minor children under eighteen years of age, how best can I transfer the property and what documents are needed for this?
Registration of the transfer of rights is possible in several options, even if the recipient of the property is a young child:
- conclusion of a purchase and sale agreement;
- signing a deed of gift;
- inheritance by will or by force of law;
- making an exchange transaction;
- privatization with the mandatory allocation of a share in the apartment;
- refusal of a share in favor of a minor by parents or other persons registered in the living space.
A child enters into an inheritance if at the time of the opening of the inheritance, that is, the death of the testator, he was in the womb by virtue of Article 1166 of the Civil Code of the Russian Federation.
When state or municipal housing is privatized, the child retains the right to re-participate in the procedure for allocating property into private ownership.
This is an exceptional opportunity provided for by the Federal Law “On Privatization” No. 26 of 08/11/1994. They do not have the right to renounce their share even if they reach the age of limited legal capacity - 14 or 16 years old, since such a possibility is not provided for by law.
They are included in the privatization agreement forcibly. It is not allowed to deregister a child before privatization of previously occupied housing in violation of the rights of a minor. Guardianship and trusteeship authorities monitor the observance of children's rights.
In this case, the person transferring the rights to the apartment to a minor can be anyone who is the full owner of the property, not necessarily a relative.
If an apartment is registered under an agreement and children are listed as the owners, then a certificate or extract from Rosreestr on assigned property rights is issued for the corresponding share or the entire housing.
Legislation of the Russian Federation
Russian regulations do not establish restrictions on the transfer of real estate to minors from the very moment of their birth. The main reason for registering property in the child’s name is to provide him with living space. However, a citizen can independently dispose of an apartment or other object only after reaching 18 years of age.
The personal property of children recorded in their name is not included in jointly acquired property, on the basis of Articles 34-35 of the RF IC and has a different status.
During a divorce, parents cannot divide it among themselves, but they have the right to use any means to improve the child’s living conditions: by providing more space, moving to the city center, an area with developed infrastructure, near a school, etc.
According to the law, all minors are divided into two categories:
- those who have reached 14 years of age (Article 28 of the Civil Code of the Russian Federation);
- aged from 14 to 18 years (Article 26 of the Civil Code of the Russian Federation).
Children over 14 years of age are recognized as having limited legal capacity. They are believed to be able to understand the consequences of their legal actions and make their own decisions.
The right of any citizen from the moment of birth to own real estate is stated in Article 35 of the Constitution of the Russian Federation and Article 17 of the Civil Code of the Russian Federation.
How is the property of a minor disposed of?
Transactions with real estate registered in the name of children can be carried out by parents or legal representatives appointed by decision of the guardianship and trusteeship authorities (or by a court decision).
When selling an apartment or other real estate, if the owner is a minor, it is mandatory to provide another living space with characteristics no worse than the sold property, which is documented.
Registration of housing or other real estate for a minor is carried out with the written consent of the parents and in the presence of a positive conclusion of guardianship and trusteeship, even if the child puts his signature on the documents when he reaches the age of 14.
It is possible to register an apartment for a minor child only if the requirements of Article 131 of the Civil Code of the Russian Federation and Federal Law No. 218 on registration of rights to real estate are compulsorily observed. The procedure is practically no different from that provided for adult citizens. The difference is noted regarding the package of documents.
Additionally, you must provide the following to the Rosreestr authorities:
- birth certificate in original and copies, civil passport for children over 14 years old;
- conclusion of the guardianship and trusteeship authority on the possibility of completing a transaction on such conditions;
- notarized consent of parents or legal representatives to sign the agreement;
- passports of parents or other legal representatives, court decision on the appointment of a guardian or trustee.
Features when designing
When a child receives property, a conclusion from the guardianship and trusteeship authorities is not required, however, the consent of the legal representatives will still have to be verified. This is due to the need to bear the costs of maintaining real estate, ensuring payment of taxes, and disposing of property in the future.
Gift deed for an apartment
A child can make a donation after reaching the age of 14, if there is a written consent signed by him personally. He must be present at the conclusion of the contract and its registration in Rosreestr upon presentation of an identity card. He signs the application on the form for registering the transfer of rights with his own hand.
When concluding a gift agreement, ownership rights to an apartment are transferred to a minor in the same manner as when concluding a transaction in favor of an adult citizen. An agreement is concluded, which is signed by the donor and the recipient.
It is possible to make transactions to transfer property to other persons owned by a child until he reaches 14 years of age with his consent. Until this moment, donating real estate even with the will of parents or legal representatives is prohibited by law.
When registering a deed of gift in the name of a minor, in contrast to the consequences when purchasing real estate, income tax is not paid only in cases where the transfer of ownership takes place from close relatives, including parents, grandparents, full and half brothers and sisters. The list of such persons is established by the Family Code of the Russian Federation.
Bill of sale
With the participation of a child on behalf of the buyer, the consent of guardianship and trusteeship is not required, since there is an improvement in the property rights of the minor. Any entity can sell real estate with the transfer of property to a minor or a minor.
When registering a deed of sale for children, the value of the property is stated, which is paid from the minor’s own funds, located in a bank account opened in his name or received through the sale of an apartment or share in real estate.
In the event of a purchase and sale transaction, it is possible for parents to issue a personal income tax refund. To do this, the father or mother needs to contact the tax service at the place of registration with an application for a property deduction in the amount of 13% of the value of the property, but not more than 2 million rubles.
Funds are transferred to the provided bank account details or by credit at the place where the employment contract is concluded or business activities are conducted for the individual entrepreneur. This procedure is provided even if the purchase of housing is made in the name of children.
For children to acquire ownership of real estate, it is possible to use such a method as an indication in the will. According to the deed, certified by a notary, it is possible to change the child’s share relative to the part that is due by law.
Even if there is no indication of the minor’s property rights, he is entitled to a mandatory share, the amount of which is established by civil law. It is impossible to reduce it by agreement in relation to minor children or on the basis of a will.
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