Selling an apartment with minor children: features of the transaction

Today we will be interested in selling an apartment with minor children. Is it possible to conduct a similar deal? What are the pitfalls under certain circumstances? How to behave the seller and the buyer? All this and not only will be described below. In fact, everyone is able to cope with the task. You just have to take into account a huge variety of features and nuances.

Truth or myth

Is selling an apartment with minor children a reality or a fairy tale? The answer to this question worries many modern citizens.

The thing is that homeowners can do anything with it. For example, give or share. To sell an apartment or house is also possible. And children registered on housing do not affect this right.

If the owner of the premises (or his share) is a child, then the sale will also be possible. But in this case you have to try pretty hard. Such deals require great attention.

However, you may well be able to carry out the intended transaction, even if there is a minor. Especially if you prepare in advance. A huge role in this process is the preparation of documents. But more on that later.

Relevance of the topic

How often are deals involving the sale of housing involving minors?

In Russia, such operations are not uncommon. They are very common. Especially after the introduction of maternity capital, which is issued for the birth of a second or more children in the family. Many spend these funds on the purchase of housing. And later, citizens sell the purchased apartments. The owners of shares of the property will be both adults and children.

If we talk about financial transactions in apartments and houses in which minors are only registered (registration does not affect the right of ownership), then such proposals are also frequent. Moreover, they deliver much less trouble.

However, buyers are not too willing to accept any transactions involving minors. And it doesn’t matter who the child will be - an ordinary tenant or owner. This is associated with certain risks. Especially if buyers plan to live in purchased housing immediately.

Ways to sell

How is the sale of an apartment with minor children? If you do not take into account the features of the transaction, then there are several simple options for the development of events.

Citizens can sell housing today:

• through intermediaries;
• through their own strength.

Which layout to choose? As practice shows, depending on the method of sale, the chances of success change.

Intermediaries and property transactions

Is it possible to sell an apartment with a minor child through intermediaries? Yes, this is a fairly common trick. And he is welcomed by the citizens.

Contact to submit an ad, as well as to search for buyers is necessary in real estate companies. They are called real estate agencies.

Among the advantages of this technique, the following nuances are distinguished:

• quick customer search;
• complete legal security;
• transaction support from start to finish;
• low probability of working with scammers.

There are drawbacks to this technique too. For example:

• transaction fee (usually depends on the cost of housing, an average of 50,000 rubles);
• there is a possibility of working with an unscrupulous company;
• there is no guarantee for a successful and quick sale of housing (although usually firms are quickly looking for buyers).

It is this alignment that attracts buyers more. After all, real estate companies carefully check their clients. So, the housing being sold is really ready for sale at the time of the start of cooperation with the agency.

Own forces

Selling an apartment with a registered minor child (or with child owners) can be done without the help of intermediaries. Unfortunately, this alignment does not always attract customers. Buyers often avoid buying and selling real estate without escort of specialized firms.

In order to sell housing on your own, you will have to inspire the confidence of the buyer, as well as to prepare well for the process. It takes a lot of time.

The advantages of self-selling apartments include:

• lack of additional expenses;
• There is no risk of working with fraudulent agencies.

The disadvantages of taking, as a rule, are:

• time costs;
• distrust from clients;
• problems with concluding a contract due to legal illiteracy of the population;
• risks of cooperation with fraudulent buyers.

It is in this case that selling an apartment with minor children causes a lot of problems. In particular, due to serious paperwork, which not everyone is familiar with.

Features of the transaction with child owners

Now we will try to study the procedure for selling an apartment with minor children. Let's start with the situation when the child owns housing or its share. After all, as has already been said, it is precisely this alignment that causes many problems.

For any transactions with property owned by minors in whole or in part, legal representatives may not carry out any real estate transactions without the permission of the guardianship authorities. The relevant service will issue a permit for a financial transaction. After that, the process is carried out in exactly the same way as regular purchase and sale.

If the guardianship authorities do not allow the operation, of course, to realize the task will not work under any pretext. This is a violation of applicable law.

Features of the sale with children tenants

Selling an apartment with a minor child (not the owner) is much less trouble. But problems can still arise.

The thing is that at the time of execution of the transaction for the sale of real estate, children should not be registered in it. And the whole difficulty is that minors must first be re-registered. Only after that will it be possible to easily sell the apartment. No permission from custody is required.

It is impossible to write to nowhere according to the law. Therefore, you will first have to find a new home for the child. Depending on age, children can be prescribed:

• up to 10 years - always with one of the parents;
• from 10 to 14 years old - with other close relatives (except for legal representatives);
• 14-18 years old - anywhere, but with the permission of the owner of the apartment and parents.

In any case, you can not think about selling residential property until the child has found another place of residence. How to extract and re-register? We will study the answer to this question below.

Exceptions to the Rules

Of course, there are a number of exceptions to the established rules. But they apply only to situations in which it is a question of selling an apartment in the presence of underage child owners.

The point is that contacting guardianship is not always necessary. In exceptional cases, you can do without it.

When exactly? For example, if:

• the family moves to another city for permanent residence;
• emigration takes place;
• housing is being purchased in a new building.

In these situations, there is no need to apply to the guardianship for permission to conduct real estate transactions.But it is recommended to enlist the support of this service. In particular, if the owners decided to sell housing on their own without the help of intermediaries.

Briefly about the sale

So, further we will consider the step-by-step sale of an apartment. The instruction will help not to get confused in one case or another. Then we will examine the items in more detail. The algorithm for concluding a housing transaction is as follows:

1. Prepare housing for sale. It is advisable to make redecorating and cleaning.
2. Contact custody for permission of the established form.
3. Prepare a package of papers for further operations.
4. Advertise and find buyers.
5. Show accommodation and negotiate a price with a client.
6. To extract previously registered tenants from the apartment. It is recommended to do this in advance, before collecting documents.
7. To make an agreement.
8. Conclude an appropriate agreement. For example, at a notary public or at a real estate agency.
9. Get the money on time and give the buyer a receipt of the established form.
10. To draw up an act of acceptance and transfer of housing.
11. Contact the Rosreestr for re-registration of property rights.

That's all. In fact, if you prepare in advance, the transaction will be carried out quickly and without any negative aspects. If citizens decided to seek help from a real estate agency, then the bulk of the work rests with the intermediary. He, as already mentioned, accompanies the transaction at the conclusion of the contract.

Rarely getting rid of problems

The sale of a privatized apartment with minor owner children is extremely rare in the same way as in the case when adults own the housing. What is this about?

The fact is that minors can sometimes be fully competent. Only in this case the operation is carried out without appeal to the guardianship authorities (if you do not take into account the previously listed circumstances).

When is a child fully recognized as competent? For example:

• after marriage;
• upon receipt of emancipation (from 16 years).

As we have said, these are extremely rare scenarios. But, if they met a citizen, you can not worry about buying and selling housing. It is carried out according to generally accepted rules, where only adults are participants in the procedure.

In addition, children after 14 years old can participate in the operation themselves. Up to this point, parents decide on the disposal of property for minors. And, as was emphasized earlier, only with the participation of guardianship authorities.

About bans from custody

A few words about when the PLO will not allow the purchase and sale of an apartment with a minor child-owner. There are a number of circumstances in which the relevant service does not allow the transaction under study.

These include:

• the transaction is carried out with infringement of the rights and interests of the minor;
• new housing offered to a child has worse conditions;
• one of the parents refuses to conclude a transaction;
• the child is the heir to the housing, but he still has not inherited;
• acquired housing under construction and completed by less than 50%;
• the new apartment is not equipped with the amenities necessary for a normal stay (in whole or in part);
• residential property purchased at the expense of the proceeds from the sale of the apartment is in disrepair.

These are the most common situations in which parents will not be allowed to sell an apartment belonging to the child according to the documents. But OOP have the right to refuse for other reasons. After all, each family is individual.

For example, parents may be denied the sale of housing if the new alleged place of residence of the child is severely gassed, and there are asthmatic children in the cell of society.

About the documents for the transaction

The procedure for selling an apartment with a minor child’s share has already been studied.Now it is worth considering the list of necessary papers, which will be required to implement the task.

The list of documents can be imagined as follows:

• permission from custody to conclude a transaction;
• passports
• birth certificates;
• consent to the sale of housing (with shared ownership) from all owners of the property;
• marriage certificates of adult sellers;
• permits from spouses, when it comes to jointly acquired property;
• extract from the USRN;
• certificate of ownership of the apartment (if available, not issued since 2017);
• certificate of absence of debts;
• Form 9 (with information about registered citizens in the apartment).

It is advisable to provide all of these documents with their copies. There is no need to verify statements.

Buying and selling an apartment with a minor child is a real, but not the easiest task. And if you do not prepare the listed package of documents, you won’t be able to cope with this question.

When concluding a transaction, citizens must prepare a competent contract for the sale of an apartment with a minor child. According to the model, a document is produced, as a rule, in copies by 1 more than the participants in the operation. For example, 3 pieces - to the buyer, seller and notary / intermediary accompanying.

About the contract

And how to draw up a contract of sale of an apartment (a minor child is not signed until the age of 14)? Typically, such papers have the following points:

• Name of buyers and sellers;
• full address of the property;
• characteristics of housing;
• the value of the property;
• information about the transfer of money to the seller and the apartment to the buyer;
• information about the consequences of breach of contract;
• a package of documents attached to complete the operation.

That's all. As a rule, the contract of sale of an apartment (a minor child is the owner, for example) looks stereotyped. Any lawyer can compose it. If you contact a notary or a real estate agency, the seller will be sure to help create the aforementioned paper.

Obtaining permission from OOP

The procedure for selling an apartment with a minor child’s share is troubling precisely because you have to not only collect a lot of documents, but also go for permission from guardianship.

In this case, proceed as follows:

1. Contact custody at the child’s place of residence (registration). You must have a birth certificate with you, an extract from the child’s place of residence, a certificate of registration, and a parent’s passport. It is advisable to take a marriage certificate.
2. Submit a request to allow the sale of housing. You need to take an extract from the USRN with you.
3. Write a statement about the sale of an apartment and the purchase of a new property.
4. Wait for the OOP solution.

The request is being considered for 2 weeks. All of these actions are implemented by the legal representatives of the child. After 14 years, a minor may apply for custody on his own.

Extract from the apartment

And how to write a minor child out of the apartment when selling property? This is not such a difficult task. Especially if there is a place where you can prescribe children. The discharge of a minor child from the apartment during the sale is not so difficult.

New housing may have worse conditions than old. This feature pleases all homeowners. After all, you can register a child in any apartment.

The action algorithm is approximately as follows:

1. Choose a place of residence for the child.
2. Collect documents: passport of the owner and parent of the minor, birth certificate, extract from the USR.
3. Contact the FMS (MFC / passport office) with a request to remove a child from registration in the apartment.
4. Apply for registration of a minor in a new place.

That's all. Forms of arrival and departure are filled out and issued directly to the FMS.Ultimately, the child will be simultaneously deregistered in one apartment, and then re-registered in a new one.

If the child is not yet 10 years old, then preliminary (or better at the same time) it is recommended to re-register the parents of the minor in a new place of residence. As we have already emphasized, all children must live with their legal representatives. The discharge of adult residents is carried out according to the principles we have already studied.

Conclusion of an agreement

Selling an apartment with a registered minor child (or with child owners) implies the conclusion of an appropriate contract. In the case of contacting intermediaries, everything is simple - just come to the selected office, sign the agreements and pick up your copy of the paper.

If citizens decide to act through a notary public, then you will have to try a little. The following steps will help to cope with the task:

1. Prepare the previously listed documents.
2. Compose the text of the contract. For help, you can contact a notary directly.
3. Pay for notarial services.
4. Sign the agreement of the established form.
5. Wait until the authorized person puts his signature and stamp on all copies of the contract.

From now on, the transaction will be deemed valid. Now it remains only to transfer the keys to the apartment, money to the seller and a receipt in receipt of funds to the buyer. It is advisable to carry out the last 2 operations at a notary public.

Receipt

Selling an apartment where a minor child is registered is not as difficult as it seems. But only with timely preparation. It is much more difficult to sell property that is partially or fully owned by children. But we already got acquainted with the nuances of this operation.

How to issue and issue a receipt to receive funds? Usually money is transferred:

• through bank cells;
• in cash;
• by wire transfer.

It is customary to indicate in the receipt:

• information about the object for which the money is transferred;
• number of the agreement (preferably);
• data of the homeowner (seller);
• information about the buyer;
• the amount received by the owner of the property;
• currency in which the transfer is made;
• bank account details (if any).

That's all. In fact, issuing a receipt is not so difficult. It is only necessary to issue the appropriate paper after the actual transfer of funds. Otherwise, the seller risks being left without money and without housing in the end.

Act of transfer

Selling an apartment in the presence of minor children is an operation that does not always cause troubles to homeowners. For example, if the owner of the object has children, but they are not owners or residents of the object, then nothing special needs to be done to conclude a transaction. The presence of minor offspring will not affect the operation.

After the money has been transferred to the seller, it is worthwhile to draw up an act of acceptance and transfer of the apartment. It is desirable to draw up a document in the presence of several witnesses.

In the act they write:

• detailed description of the apartment;
• Name of the buyer;
• Name of the seller;
• date of transfer of property.

As practice shows, this stage is considered one of the simplest. The document is signed by the parties. It is done. We can consider the sale of an apartment with minor children completed.

Property registration

The last stage is the re-registration of property rights. An operation is underway in Rosreestr. You must contact the appropriate service with a request.

The owner should have:

• contract of sale;
• old documents for the apartment;
• passport;
• statement.

It is also recommended that you bring along a copy of the receipt of funds. After 5 days, a citizen will be issued a certificate attesting to ownership rights to housing. We have already studied the sample contract for the sale of an apartment with minor children. Now the operation will take a minimum of time.