The law of the Russian Federation protects the rights of children. Therefore, real estate transactions where a young child is registered, or if he is actually the owner of the home, the process is very difficult. Many are interested in when there is a need to discharge a minor from the apartment, how the procedure goes in different cases and what documents are required for this. So, how to get a minor child out of the apartment? It is worth considering exclusively legal cases when it is possible to carry out a procedure.
Precedent
There are cases when it becomes necessary to discharge a minor child from the apartment:
- moving to another apartment owned by one of the family members;
- divorce of parents;
- Moving to another city;
- purchase of new housing;
- moving to another country.
Underwater rocks
It should be remembered that the rights of the child are protected at the legislative level. Therefore, the process of extract-registration is quite complicated and time-consuming.
According to the Family Code and the Civil Code of the Russian Federation, which explain how to leave minor children out of the apartment, discharge is prohibited in the following cases:
- Statement without subsequent registration of the child in housing with similar or improved conditions.
- If the child is subsequently registered in housing with worse conditions, for example, in the old, emergency house or in housing without repair complying with legal requirements. The court will refuse an extract.
- The child’s discharge for the purpose of selling his home, if it is owned by a minor.
- Extract from a child who has reached the age of fourteen without his consent.
- Other discharge operations that have knowingly illegal features.
As you can see, a lot of requirements and conditions are presented to the process. Therefore, before discharging a minor child from the apartment, a number of requirements should be observed:
- On behalf of the child, only his legal representative must act.
- A child from the age of fourteen must necessarily give his consent to discharge.
- The housing in which the child will be discharged must meet all legal requirements and not be inferior to where he actually lives.
- All documents confirming the identity of the child, the legality of the actions of the legal guardian, documents for housing (old and new) must be available and executed in the manner prescribed by law.
So is it possible to get a minor out of the apartment? Yes, that’s real. You need to know how to properly carry out the process.
We write out a minor
First of all, a precedent should appear, giving sufficient grounds for discharge. Many courts consider extracting a minor child in the same way as discharging a person from an apartment without consent. In fact, these are equivalent precedents, because a minor does not have the right to dispose of his own property.
Underwater rocks
The nuances of discharge vary depending on the type of housing. Two types of residential property are common in the Russian Federation:
- municipal (not passing into the ownership of tenants);
- privatized (housing, the ownership of which is confirmed by the contract of sale, gift, barter, privatization and other legal acquisition methods).
Naturally, the question of how to leave a minor child out of the apartment is decided, first of all, depending on the precedent of ownership of housing (does the child and legal representatives use it or own it).
We will tell you what are the legislative nuances of extract from municipal and own housing.
Municipal housing
Despite the fact that tenants may lose their right to use the apartment for non-payment of utilities, it is very difficult to write a child out of this type of housing. The prerequisite for the availability of similar or improved housing must also be met.
In the new living space, a minor must be registered with one of the parents. Also, despite the delay in payments (many residents are so trying to solve the issue of simple discharge of their child), it is impossible to write a child out of an apartment in the municipal property without registration in another dwelling. If the above conditions are not met, his statement is considered illegal and will be canceled. In addition, the guardians will be punished under the Law.
Privatized Housing
Let us consider how to discharge a minor child from an apartment in both cases provided for by the Law: a child is a landlord; the child did not participate in privatization.
As a rule, during privatization, minor children are required to participate in the procedure. Therefore, the case when a child is one of the owners of a privatized apartment is quite frequent. We add that privatization without the participation of minor children (if parents or legal representatives participate in it) is illegal.
When the child is the owner
To discharge a child-owner of privatized housing should:
1. Obtain written consent of the guardianship authorities for the child’s discharge from housing. If you plan to sell or pledge an apartment to a bank, you should obtain permission before the transaction.
When a child is discharged, the following nuances arise:
- the share of the child in the purchase of new real estate should be equivalent or greater than the alienated property;
- if the apartment from which the parents discharged the child is sold, but housing has not been bought in exchange, in accordance with legislative requirements, you must do this: put the proceeds for the minor’s share in real estate into a deposit or current account opened in the bank in the child’s name.
If these conditions are not observed, it is impossible to obtain permission to discharge guardianship authorities. If in some way the parents did this, the property rights will be restored through the court by force, the transaction is canceled, and the parents will be punished according to the Criminal Code of the Russian Federation.
2. Make a deal on the acquisition of new housing and fix the legislatively arisen property right.
Only after obtaining a certificate of ownership can a child be discharged from their former home. To do this, contact the local FMS department at the place of previous residence, write an application for discharge and be sure to attach a document of ownership of the acquired property (guarantee letter from a bank or notary).
You must also attach the permission of the guardianship authorities to the child’s discharge and fill out the disposal sheet. If he is 14 years old, he must be present with you, write a statement, make notes with his own hand in the disposal sheet. A minor is discharged by the migration service within one week.
Minor registration in new housing
There are several legislative nuances when the availability of housing for the subsequent registration of a child is not required:
- The family moves to another city, region. At the same time, the obligation for parents or guardians to acquire new living space for three months and to register a child in it with the allocation of a share equal to or greater than that in the housing that is being alienated.Otherwise, the transaction may be canceled by the court.
- The family or legal representatives move to permanent residence in another country, therefore they sell real estate.
How to leave a minor child who is not the owner of privatized real estate from the apartment? There is a specific order:
- You should contact the migration service or passport office at the place of residence. Preferably for both parents. A child who is fourteen years old must be present. This is necessary to draw up a statement of discharge of the child. You need to take with you a technical passport of the acquired property, identity cards of the parents (passport) and child.
- In the passport office, the child should fill out a checkout.
- Organization documents are prepared within seven days. After this time they need to be picked up.
- As soon as possible, a child should be registered in a new home where one of the parents is registered.
Cases where a minor is not the owner of privatized housing are not so rare. Do not think that this makes it possible to facilitate the procedure. You do not need written permission of the guardianship authorities, but you can only discharge a child if you subsequently register him in a new home.
Consent of guardianship authorities
For discharge of minors, consent of guardianship authorities is required. How to write minor children out of an apartment is prescribed in the Family Code and the Civil Code. Guardianship authorities are governed by the provisions of these acts.
According to the legislation, such documents should be provided to the territorial authority:
- passport of a minor or his birth certificate, passports of legal representatives (parents or guardians);
- technical documentation of housing purchased and disposed of;
- certificate of persons registered in housing from the bodies of the FMS;
- certificate of registration of housing from which the child will be discharged.
If a minor is fourteen, he must attend. The child should write a statement about the purchase of other housing and the alienation of the existing one. The decision is taken by the guardianship authorities within 14 days. The following issues are considered during this period:
- whether there is a violation of the rights of the child;
- whether the operation is fraudulent.
If everything is in order, parents or guardians are given permission to purchase the residential property that appears in the documents, followed by an extract from the alienated housing of the minor and his registration in the new one.
Procedure
Parents are wondering in what order and how to discharge the child from the apartment. The child is discharged in the strictly established order:
- Decision on precedent (purchase of a new apartment, relocation, improvement of housing conditions and other cases established by law).
- Collection of documentation (there must be documents proving the identity of the guardians, parents, child, documents for old and new real estate).
- Submission of applications and documents to guardianship authorities.
- Based on the permission of the guardianship authorities, a transaction is made on the alienation of real estate.
- Statement and registration of the child and other family members.
- Consideration of controversial issues.
Controversial issues
People for whom this issue is relevant are thinking about how to leave a minor child out of the apartment without problems.
As a rule, controversial points may arise in such cases:
- parents are divorced, and the consent of the second parent is needed;
- the acquired property does not meet the requirements;
- problems with documents;
- child on reaching 14 years of age and older against discharge
- others.
Other contentious issues may arise. Some parents wonder if it is possible to discharge a child from an apartment in principle? It is possible if all these “snags” will be solved at the stage of changing the place of residence and the acquisition of new housing.
Important Nuances
How to write a minor child? Tips and tricks may be as follows:
- All documentation should be in order.
- Look at the real estate, give a deposit for it when you have the consent of the guardianship authorities in your hands.
- Choose an apartment with repair and all amenities, otherwise you may not get the consent of the relevant authorities.
- If the child is 14 years old, he can veto the deal with his disagreement. Prepare your child morally for a change of residence. Services should not have the impression of forcing a child to a deal.
- If the child is a full owner of the residential property, it is better to leave a deal with her until he reaches the age of majority. Remember that even a transaction that is legitimate in all respects can be subsequently challenged by the owner in court. And in most cases he will take the side of the child.
It is difficult, but possible to get a minor out of the apartment. If your transaction is legal, there will be no obstacles in your way.
