How to sell an apartment with a registered minor child
Content
In the process of alienating an apartment, various problems may arise related to finding a buyer willing to pay the required amount, moving, as well as a number of legal aspects. Not all owners and buyers are aware of the legislation related to real estate transactions, which is the main cause of problems. Therefore, it is important to take into account every little detail, which will allow the transaction to be carried out in accordance with the law.
According to statistics, the number of offers for the alienation of housing significantly exceeds demand, and in order not to lose a buyer, it is better for sellers to familiarize themselves with all the nuances that take place during the transaction. One of the difficult issues that reduces the demand for the proposed housing is the presence of a minor living in the apartment.
In practice, there are many cases where transactions with an apartment, during which the rights of a child were violated, were classified as illegal, and even after 10 years, the buyers had to move out, and the former owners had to return the money.
In cases where the child is registered in another place, but only lives in this living space, no problems can arise. But if a minor citizen is registered in the living space being sold or is the owner of a certain share, then a number of important steps must be completed before the sale.
How to sell a home if a child is registered in it?
According to Article 20 of the Civil Code, the place of residence of a citizen who has not reached the age of majority is considered to be the apartment of his parents (parent) or guardians. Therefore, if a family member under 18 years of age is involved in the transaction, before the sale you need to sign him out of his old home and register him in another living space. As a rule, adult owners also leave the property being sold and register elsewhere.
If you have alternative living space, you can register immediately and no questions will arise. If this is not available, the solution may be temporary registration with grandparents or other relatives. It is somewhat more complicated when the child is one of the owners or has a certain share in the alienated housing.
In this case, it is important not only to discharge the child and register him in another place, moreover, the child’s share in the new living space should not be less than what he had in the apartment being sold, and the living conditions (infrastructure) must also correspond.
In addition, to sell an apartment you need to obtain a permit from the guardianship authorities, whose representatives check every little detail to prevent violation of the rights of the child or children.
What does the law say?
According to part 4 of Art. 292 of the Civil Code of the Russian Federation, alienation of living space in which a minor is registered is possible only after obtaining consent from the guardianship authorities. A minor is considered a person under 18 years of age. For children 6 - 14 years old, permission is issued by the board of trustees, but if a 14-16 year old minor is involved in the transaction, you should contact the board of trustees.
Permission from guardianship authorities - how to obtain
In order for the guardianship authorities to accommodate the sellers, it is necessary to prove that the sale of the apartment will not negatively affect the living conditions and development of the child, but, on the contrary, is aimed at improving living conditions.
The guardianship authorities can satisfy the request of parents or guardians if they provide the child with living space no less in size than in the previous apartment, and with improved conditions.
For example, if we are talking about an apartment where a family of three lives: parents and a child, then the total area is divided into three equal parts. In the new place, the child’s share should be no less.
When a child already has registration in another place, 1/3 of the money from the sale should be credited to a bank account opened under his name. But you can use these funds only after reaching adulthood.
In order for the guardianship authorities to satisfy an application regarding a real estate transaction, it is necessary to contact them with a package of papers confirming the equivalence of the transaction for the child. Since each case is individual, you should ask the guardianship authorities what documents need to be submitted.
List of papers required for submission to the guardianship authorities
To have your application approved by the guardianship authorities, you must submit a package of documents containing:
- Passports of all adult owners or shareholders;
- Birth certificate of the child(ren):
- Documents confirming the fact of ownership of alienated housing;
- Extract from the brownie;
- Housing documents where the child’s registration has been transferred (copies);
- BTI certificate on the price of the apartment being sold:
- Estimate from BTI about the price of the purchased housing.
It is more difficult to obtain consent when the apartment is being sold for the purpose of moving to another country, and does not intend to purchase new housing in Russia. Then the guardianship authorities have many questions and require additional confirmation that the child’s rights will be protected. All this leads to a delay in the sales process.
This problem can be solved by transferring part of the money from the property being sold to an account opened under the child’s name. Although this is not the optimal option, in the opinion of the guardianship authorities, in this way the child is provided with certain means and his rights will not be affected by the alienation of housing.
In practice, there are many cases where, after the death of parents, guardians tried to take possession of the child’s property. And only thanks to the vigilance of the guardianship and trustee boards such transactions were prevented.
Alienation of an apartment or house where a minor citizen is registered, lives or is a shareholder is not an easy process, but if all legislative acts aimed at protecting the rights of children are observed, everything will go smoothly and successfully.
Adviсe
Let's present some practical tips that will help in selling a home with a registered child.
- If an apartment is being sold for the purpose of purchasing a new home, documentary evidence regarding the acquisition of a new living space must be provided to obtain approval from the guardianship authorities.
- It is worth considering that the guardianship authorities will agree only if the living conditions in the new place are not inferior to the previous ones. To make sure of this, they may require a BTI assessment, which indicates that the price of the child’s part in the new place of residence is higher than in the apartment they want to sell. Consent from the guardianship authorities is difficult to obtain, given the poorer infrastructure of the place of relocation, unsatisfactory living and development conditions, especially if there are no medical and educational institutions. The only thing that can influence their decision is the fact that the housing is being sold for the treatment of a child. Situations are also possible when, on the recommendation of doctors, in order to improve the child’s health, it is necessary to move to a village or other area with clean air.
- When an apartment is sold for the purpose of purchasing housing in a new building that is under construction, the guardianship authorities can give consent if the seller presents a certificate from the developer about the completion date of construction and the conditions of the new housing.
- When purchasing a new apartment and alienating an old one with a registered minor, you need to pay attention to another important aspect. The alienation of children's shares and the purchase of a new one must be carried out at the same time. This means that if you sell your old apartment after purchasing a new home and registering part of it for the child, then for the guardianship authorities this will not be considered an improvement in living conditions. If the area of the new apartment is smaller than the old one, it is better to register the apartment in the child’s name, then the guardianship council will not object. From a legal point of view, it is more correct to submit an application to the Board of Guardians for permission to sell an apartment with a child registered in it in order to purchase equivalent housing. In this case, it is necessary to indicate the addresses of both the apartment being sold and the apartment being purchased, and the BTI assessment of the new apartment must be attached to the application.
- If a minor over 14 years of age is involved in the transaction, the application to the board of trustees is submitted by the child with his or her signature. The application must be accompanied by permission from parents or guardians (notarized).
Taking into account all these features, you can easily complete a transaction involving the alienation of housing, part of which belongs to a minor citizen. And to protect yourself from possible problems, it is better to consult with an experienced real estate lawyer.
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