Property of minors: 6 questions about children's rights in real estate transactions

Children of any age can be property owners. By registering living space for a child, you can be sure that upon reaching 18 years of age, he will be provided with housing that cannot be taken away under any family circumstances...

Property of minors: 6 questions about children's rights in real estate transactions

But parents may need to sell or exchange the property registered in the minor's name. Such transactions have quite a lot of features.

The real estate portal found out how children and their parents have the right to dispose of housing.

Is it possible to?

Is it possible to exchange housing with minors? How to exchange real estate with parents? At the moment there are no restrictions associated with such a real estate transaction as exchange.

The owner of real estate has the right to dispose of his property at his own discretion (Article 209 of the Russian Federation).

The exchange itself is not particularly difficult, no matter who lives in the room: minors or elderly parents.

If these categories of persons are not the owners, then you need to find suitable options independently or with the help of a real estate agency and competently organize the transaction.

The ideal options are those when the owner is one person, or the apartment is shared/joint ownership of the spouses, and their children or elderly parents are simply registered there.

Then the difficulty of the transaction lies only in the correctness of its structure.

But in practice, there are often cases where minors and parents are also co-owners of real estate .

Such situations arise when registering privatization, or when, at the time of purchasing housing, shares are distributed in order to preserve property (for example, there is a possibility that the property may be arrested or seized in order to pay off debts).

If real estate is jointly owned by a number of persons, then the consent of all co-owners (Article 246 of the Civil Code of the Russian Federation). Such consent is drawn up in writing and notarized before being submitted to the Rosreestr authorities.

Co-owners have the right of first refusal to purchase a share (Article 250 of the Civil Code of the Russian Federation). This must be taken into account in case of conflict situations in the family (read about the features of exchanging a share in an apartment and the procedure for drawing up a share exchange agreement with relatives and children).

Minor children who have a share do not have full legal capacity ; therefore, their legal representatives are their parents.

Therefore, it is adults who will decide issues related to real estate, without violating their rights. If elderly parents are fully capable , then, apart from agreeing to the transaction, nothing else is required from them.

You can find out whether it is possible to exchange living space by paying additional maternity capital from our article.

When a child is registered

The owner has the right to dispose of the property at his personal discretion, in accordance with applicable laws. The exchange procedure is not difficult, regardless of who lives in the living space. If the minor is not the owner, parents can independently or with the help of a realtor find a good option and carry out the operation.

Important! If the exchange is made with housing in which a minor is simply registered, permission from the guardianship and trusteeship authorities does not need to be obtained.

Ideal options for exchange: living space with a single owner, matrimonial property where children and elderly people are only registered. The difficulties in signing a deal lie purely in the correct execution of the contract.

Inconveniences arise if children are the owners or owners of the apartment. A minor can become a co-owner upon registration of privatization. This happens when shares in the purchase of living space are divided among all family members in order to preserve the property.

The minor owners of part of the apartment are not fully capable. By law, their representatives are parents. The issue of exchanging an apartment with minors will be decided by legally capable persons. Children's rights are protected by the state, the terms of the exchange must be equal to the previous property status.

Operation approval

If the child is not the owner of the property or a share in it, but is only registered , then there is no need to coordinate the exchange operation with anyone.

It is necessary to deregister it with the Federal Migration Service in advance and register it elsewhere (for example, with relatives or friends).

At least one of the parents must go through the same procedure with the child , since by law a child cannot live alone without a family.

Exchange of an apartment with a minor owner

If a minor owns the property, in order to exchange privatized housing , you need to submit a request to the nearest department of the guardianship and trusteeship authorities, whose employees are obliged to ensure that the living conditions of the minor do not worsen:

  • in the new housing the square footage should be no less than in the previous one;
  • moving from comfortable housing to a house without amenities is impossible;
  • the location of the new living space is taken into account; consent to exchange from the city to the suburbs will not be given;
  • the cost of apartments should be approximately the same.

Children cannot dispose of property themselves until they reach adulthood. Persons under 14 years of age do not participate in transactions. Official representatives speak on their behalf. Citizens aged 14-18 years have the right to engage in real estate transactions, but must provide written parental permission.

Procedures with living space registered in the name of a person who has not reached the age of majority can only be carried out with the permission of the guardianship and trusteeship authorities. If the court recognizes the legal capacity of a 16-year-old person, he receives the right to manage housing independently. You can get a decree if a person started working before reaching adulthood, started a family, lives separately, and does not depend on his parents.

The rules for exchanging an apartment with a minor owner apply not only to real estate where the minor is the owner, but also to the living space where he is registered.

If children do not own housing or a share in it, but only have registration, there is no need to coordinate the operation with any authorities. It is necessary to deregister them in advance with the Office of the Federal Migration Service and, by agreement, register them with relatives.

Important! One of the parents must go through the registration procedure together with the minor, since the child cannot live separately.

Methods and options

Exchange (in the literal sense) is now extremely rare, so such transactions are carried out through purchase and sale . It all depends on the initial parameters of the property that needs to be exchanged, and the financial capabilities of the initiators of the exchange transaction.

Obviously, you can’t get two from one living space without an additional payment (read about drawing up an exchange agreement with an additional payment). In addition, you need to take into account the number of people who need to be accommodated. Even people far from the real estate industry know that are in greatest demand .

But apartments with three or more rooms are quite difficult to sell. Therefore, you need to be prepared for the fact that the exchange process may take a long time.

The difficulty also lies in the fact that you need to try to make an exchange operation at the same time , that is, find a buyer for your living space and the real estate options that you plan to purchase.

Having available funds will be a good help . For example, real estate options that are suitable for purchase and further residence have been found, but their owners ask for an advance or a deposit.

And for the property being sold, which is planned to be exchanged, a buyer has not yet been found so that the advance accepted from him can be paid for the options he likes.

The operation of exchanging housing with parents is complex, and you need to prepare for the fact that one of the participants in the chain may change his mind at the last moment .

Therefore, until the very last day you need to leave questions related to the transfer of funds and deregistration.

The exchange operation is also called a counter purchase .

Before you begin to implement it, you need to think through everything carefully.

When exchanging a two-room apartment, it is possible to get two small rooms with an additional payment or a one-room apartment and additional money.

When exchanging a three-room apartment , you can get two one-room apartments, but in remote areas, and one of them may not be comfortable.

There is the option of moving from a big city to the region, then the quality of the purchased housing will be significantly better (read about intercity housing exchange). For example, this option may be suitable for elderly parents.

In any case, when making an exchange, additional costs will be required.

Where to begin?

You need to advertise your home for sale. This can be done by contacting a real estate agency , or independently - through specialized websites or printed publications.

When a buyer has been found and has proven the seriousness of his intentions (made an advance or a deposit), you need to start looking for suitable options for purchase . This is done by analogy with finding a buyer for your property - through realtors or on your own.

Required documents

When the entire transaction chain is built, you need to prepare a number of documents (it would be better if you do this in advance):

  • title documents for the real estate being sold, which indicate on the basis of what event the ownership right arose (sale and purchase agreement, deed of gift, inheritance certificate, etc.), as well as a certificate of ownership (if available);
  • technical and cadastral passport - which indicate the parameters of the property being sold;
  • a certificate from the Unified State Register - the owners are listed there;
  • an extract from the house register (not always required);
  • permission for the transaction from the guardianship and trusteeship authorities (if among the owners there are minor children and incapacitated parents);
  • a certificate from the Federal Migration Service stating that all residents of the premises were previously deregistered;
  • consent to the transaction of the spouse (if the property is jointly acquired), certified by a notary;
  • consent to the transaction of other co-owners of the property, in the case of shared ownership, also certified by a notary;
  • the purchase and sale agreement itself;
  • passports of all participants in the transaction;
  • receipt of payment of state duty;
  • receipts confirming the absence of debt on utility bills;
  • other documents (at the discretion of the registration authorities).

from the sellers from whom real estate is purchased for resettlement.

Documents for the transaction can be submitted:

  • to a notary - this guarantees the correct execution of documents and calculations, reduces the time required for registering the transfer of ownership, but requires additional costs. The notary will send documents to Rosreestr through a special program;
  • to the Rosreestr office;
  • to the office of the multifunctional center, this will save you from wasting time in line, but will increase the registration period;
  • in electronic form through the Rosreestr website, but an electronic signature will be required;
  • send by mail, only possible in case of a notarized transaction;
  • call a Rosreestr employee to your home.

How to exchange an apartment for an apartment if children own shares?

Are you going to exchange an apartment, but there are minor children in it? How to exchange an apartment for an apartment if children own shares? What will you need to do for this? What documents to collect and how to conduct the transaction correctly? This and much more will be discussed in this article.

Any transaction with real estate, be it purchase, sale or exchange, will turn into a real headache if a minor child is involved in it. Children's rights are seriously protected by the state, so you will not be able to simply sell or exchange an apartment.

One situation is if a real estate transaction occurs with the participation of a minor who simply lives in the apartment. In the presented case, you will not need any permissions or certificates from the guardianship or trusteeship authorities. When you exchange such an apartment for another, you will only need to register your child in another place and that’s it.

The situation is different if a minor child has a share in the apartment. In such a case, you will need mandatory permission, which you can obtain from the guardianship and trusteeship authorities.

An important requirement from such authorities is that the new housing should not be less than the one in which the child had a share.

Also, he should again be allocated a share in real estate or pay compensation for the sale or exchange of such a share.

To date, there is no clear plan and list of documents that will need to be submitted to the guardianship and trusteeship authorities in order to formalize an agreement for the exchange of real estate, if there is a share of a minor child in the apartment.

The list of documents, in a standard form, includes documents confirming the identity of clients, birth certificates of children, as well as papers that confirm ownership of a share in the apartment.

A preliminary agreement should be provided, which clients conclude with the other owner of the apartment, which will specify the terms of the exchange, as well as the characteristics of the new real estate.

An application from a minor (if he is over 14 years old) may also be required. It will take some time to consider the application, after which the guardianship and trusteeship authorities issue permission or refuse permission to exchange apartments.

If you want to read about how to arrange an apartment exchange with additional payment of maternity capital, follow the link.

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Processing times and costs

The processing time and cost will depend on where you are submitting the documents:

  1. Through a notary – 3 working days; the cost of services consists of a fixed part, the cost of technical work and a percentage of the transaction price (varies from 0.3% to 1%). The fixed part and technical services may be different for each notary.
  2. Through the office and website of Rosreestr - 10 working days; the amount of state duty will be 2000 rubles; The cost of calling a Rosreestr employee to your home is different in all regions.
  3. Through the MFC - on average 13-15 working days; You only need to pay the state fee (2000 rubles).
  4. Delivery times are quite difficult to determine; this method of registering the transfer of property can hardly be called reliable; the cost of Russian Post services depends on the weight of the envelope with documents (300-1000 rubles).

obtain a certificate of ownership at the Rosreestr office or at home by calling an employee of this institution for an additional fee.

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