Is it possible to give an apartment in Russia to pay child support? This topic worries many citizens. Especially those who plan to divorce in the presence of minor children without a good financial situation. Next, we will consider all the nuances of maintenance obligations in order to find out whether re-registration of real estate against financial support of cash recipients is allowed.
Definition
What is called child support? So it is customary to describe the regular payments allocated for the maintenance of a disabled needy relative. As a rule, money is transferred monthly.
Any close relative can receive funds. Most often, spouses, parents and children (including adults) apply for child support. The bulk of the conflict with the issue under study arises from a divorce from a child. What can be said about this? Can a share in an apartment be paid for child support?
Payout amount
First, find out how the calculation of funds allocated to ensure the life of a relative occurs. Consider the situation in the presence of minor children. With them, the procedure for calculating child support becomes more understood.
Money can be paid both in a fixed amount and as a percentage of earnings. In the first case, you will have to take into account the need of the recipient and the cost of living of the region with the income of the alimony. In the second, only the income of the payer is taken into account.
It is recommended to be guided by the size of the alimony according to the following parameters:
- 1/4 earnings - pay for 1 child;
- 33% of income - for 2 children;
- 50% of the citizen’s profit - if there are more than 2 children.
In exceptional cases, maintenance payments can be reduced, more often - increased. But at the same time it will be necessary to prove the fact that the recipient of funds is in need or that the funds credited are more than enough.
Payment Assignment Methods
Can an apartment be paid for alimony or not? And if so, how will it be possible to cope with the task?
In the territory of the Russian Federation, the studied category of payments may be assigned:
- by oral agreement of the parties;
- by concluding a notarial agreement;
- court decision.
In addition, there is a forced collection of alimony payments from a citizen. This situation occurs if the alimony earned a lot of debt and does not think to get rid of it. Then money for the maintenance of close relatives is recovered by bailiffs.
Verbal agreements
Is making an apartment to pay child support in Russia a reality or a fairy tale? The answer depends on the method of concluding an agreement between the parties to the operation.
The least protected scenario is an oral agreement between parents on the receipt of alimony. In this situation, citizens simply stipulate the amount of funding, and then rely on the conscience of the payer. Such a decision has no legal force. Accordingly, it cannot be called official.
Under such circumstances, an apartment cannot be issued for child support. More precisely, parents can transfer ownership of the property or all housing to the child’s ownership, but this decision will not be considered child support. This is a normal occurrence. Indeed, as we have already said, verbal agreements give no guarantees to the participants in the procedure.
Peace and notary
The second scenario is the conclusion of the so-called maintenance agreement.In this case, the parties actually copy the oral agreement and confirm it with documents. The executed document will be endowed with legal force.
An apartment in payment of alimony under a peace agreement can indeed be transferred. The main thing is that the property of the parent is issued directly to the minor. We will talk about how to correctly implement an idea into reality later.
What is expressed by alimony
Before this, we will consider several important nuances of Russian legislation on the topic under study, as well as examine the remaining options for the development of events.
Many people wonder what alimony can be expressed in general. Is it just money or property?
Russian law allows the following layouts:
- regular cash payments;
- large one-time compensation;
- census of property against alimony.
It's all. As practice shows, the latter solution is extremely rare. It either becomes the result of a peace agreement or judicial enforcement.
Court and child support
How to get an apartment to pay child support? Judicial authorities usually resolve property and financial conflicts of the parties. Alimonial issues are dealt with by district and world courts.
Filing an alimony claim is the only reliable way to get financial support from relatives. This alignment gives guarantees for receiving money.
Courts usually do not force citizens to renew property at the expense of regular financial contributions to the child, spouse or parent. But theoretically, this is possible. Most often, the judiciary simply passes a verdict on how much and how often the child support provider will have to transfer money to the plaintiff.
Coercive Penalties
Do you want to transfer the apartment as payment of alimony? The property of citizens can be reissued into children as the performance of parental responsibilities for the maintenance of minors. Only in practice, such solutions are almost never found.
Forced debt collection from an alimony is a very common situation. In this situation, the recipient really has the opportunity to receive an apartment through alimony. But with some features.
The thing is that the bailiffs are engaged in collecting the debts of citizens. They can seize the debtor's property and then sell it. The proceeds are used to pay alimony. If after that some money remains, they are transferred to the alimony.
That is, the recipient of the studied payments actually becomes the owner of the apartment or its share. But the direct owner when working with bailiffs he was not given.
Registration at the notary public (instruction)
The transfer of the apartment as payment of alimony is best done through the execution of a peace agreement in a notary's office. In the same way, it is allowed to transfer a share in the property instead of regular financial compensations to a needy relative.
That is why it is important to know how to conclude a peace support agreement. Step-by-step instructions will help to realize the idea. Doing it with the right preparation is a lot easier than it sounds. The most difficult stage is the negotiations between the potential recipient of the alimony and the payer of funds.
How to get an apartment to pay child support? Property (real estate) in this situation is transferred to the child according to the following algorithm of actions:
- Settle the alimony to be paid to the recipient. This is not necessary.
- Agree with the second parent of the child to issue a peace support agreement.
- Prepare a specific set of documents.
- Go to a notary public and draw up a peace agreement.
- Sign the relevant contract.
- To issue a deed of gift on property in the name of the child.
- Get a receipt from the second parent of the minor about the absence of claims.
In reality, everything is not so difficult. Some problems may arise when giving a share of housing, when real estate has several owners. There is nothing more to fear.
Formation of a package of papers for a notary
Previously, it was noted that in order to conclude a peace treaty (it is also possible to draw it up during the court session), it is necessary to prepare a certain package of papers. Without them, to cope with the task will not work.
Is an apartment issued for child support? A photo of the relevant agreement is presented to our attention. And what documents will come in handy along the way?
The parties are required to:
- passports
- birth and adoption certificates (if any);
- extracts from the USRN on property;
- consent of homeowners to the operation (not always);
- alimony peace treaty;
- gift agreement;
- certificates of title to real estate (if any);
- evidence that the children live with their second parents (agreement, court decision).
It is also recommended to prepare a calculation of alimony or provide information on the cadastral value of real estate. Then it will be possible to understand how well the interests of the minor are protected.
Underwater rocks
We figured out how to transfer the apartment as payment of alimony. A sample of the relevant agreement has already been studied by us.
Nevertheless, despite all the above features, the bulk of citizens are faced with a number of problems at the time of implementation of the task. What is this about? And what will the population have to put up with?
The thing is that child support is usually money. Therefore, many notaries simply refuse to draw up a peace agreement to transfer the apartment by paying alimony. They say that the contract will not have legal force, it is easy to challenge it. In hindsight, such agreements are indeed concluded.
The only option that is possible is the execution of an agreement on the transfer of property to a child, which must be sold without fail, and the proceeds are counted as maintenance obligations. Even better is to sell housing on your own, and then conclude an agreement on a large lump sum payment as child support.
Conclusion
We found out what to do if you want to transfer the apartment as payment of alimony. As practice shows, this can be problematic.
Ideally, the property of the alimony may be seized and sold, and the proceeds sent to repay the debt. The notarial agreement on alimony expressed by housing is often quite easy to challenge. Especially if the value of the property is less than the total amount of finance that the payer will eventually transfer.
What advice can be given to citizens? It is better not to deal with the re-registration of housing in order to take them into account as studied compensations. It is preferable to sell the property, and transfer the proceeds of the money under the peace agreement in a lump sum payment.