Sale of an apartment with a minor owner in 2014: documents

Real estate transactions in Russia are in great demand. You should pay attention to the fact that most often people buy and sell property. For example, apartments. It is this operation that is carried out daily by many citizens in the country. Today we have to find out how the sale of an apartment with a minor owner will occur. Is it possible to get rid of such real estate at all? What documents come in handy when translating ideas into reality? What can hinder the sale?

Problem or not

How problematic is it to sell an apartment in Russia, to which children have some degree of relation? The answer to this question is not long in coming. Enough to understand the established legislation of the country.

The thing is that the sale of an apartment with a minor owner is one of the most common and at the same time risky transactions. Buyers do not like to contact sellers of housing in which shares are allocated to children. Even if the child is registered in a particular territory, people prefer to look for other housing.

For sellers, this phenomenon is also considered not the best. This is due to problems in obtaining the necessary documents for the transaction. Are you planning to sell an apartment? Is the owner a minor child? Then you have to prepare for a number of problems. What you need to know about such deals?

Custody

The established legislation indicates that children under the age of majority cannot dispose of their property. Legal representatives or guardians do this for them. Ideally, parents can manage the property of a child under the age of 18.

Nevertheless, the operation under study, like any transactions with children's property, is fraught with some difficulties. Parents must obtain appropriate permission from guardianship authorities. Without it, transactions will not be approved. So, they will not be recognized as legal.

Deterioration and improvement

Some believe that permission from guardianship authorities to sell an apartment with a minor owner is required only when there is a deterioration in the quality of life of the child due to the operation. In other words, if parents decide to improve the quality of life, there is no need to go to custody.

This is actually not the case. In Russia, guardianship bodies always protect the interests of children. Therefore, any transactions with their property require the permission of the established form. Without it, one cannot bring an idea to life. And it doesn’t matter if housing conditions are improved or not.

Right to deteriorate living conditions

Despite this, in practice, “custody” refuses parents. Especially when it comes to selling an apartment and worsening the living conditions of a child. So custody protects the interests, rights and freedoms of minors.

But there are exceptions. The sale of an apartment with a minor owner (in 2014 and not only), taking into account the deterioration in the living conditions of the child, is available in the following cases:

• a minor needs urgent and expensive treatment;
• the child’s health does not allow him to live in his former apartment;
• when a minor needs to be educated or treated in another locality.

But in practice, such circumstances are rare. Therefore, guardianship authorities most often give consent to a transaction if it is a question of providing the child with a greater level of comfort. It is important to remember that new housing should also be issued for the child - partially or completely.

Getting permission

Are you planning to sell an apartment with a minor owner? Mortgages for proceeds from the transaction may be issued. But often the guardianship authorities agree to such a step if the living conditions of the child are either equivalent or improved.

How to get permission to conduct an operation? This will require:

1. Collect specific documents. You need to take a certificate from the home book, passport of parents, birth certificates of children, marriage (if any), property rights to property. Do not forget about the cadastral passport for a new apartment that you want to buy.
2. Come into custody. It is necessary to contact the registration authority for children. Both parents should come here. The presence / absence of a marriage between them does not play a role.
3. Submit an application for the purchase of a new apartment and the sale of an old one. The document is signed by both parents and children over the age of 14 years.
4. Wait for a decision. This request will be considered 2 weeks after the request. Guardianship will verify the property and make a decision.

Conscientious parents can not worry. If they really conduct a transaction not for personal gain, but for the benefit of the child, custody will definitely allow the transaction.

Purchase is not always needed

The legislation of the Russian Federation does not clearly indicate when a real estate transaction involving minor children is possible with 100% probability. There is always a risk of custody failure. Especially if the purchase of new housing is not planned. In this case, you can not hope for success. Guardianship simply will not allow to leave a child without housing and property.

Nevertheless, the sale of an apartment with a minor owner with subsequent purchase is not always required. There are exceptions. Namely:

• moving to another country;
• family moving to another region (money from the sale must be transferred to the child’s personal account);
• purchase of a new apartment in a house under construction (at the final stage).

In all other situations, you will have to buy new housing in parallel. And under any circumstances, the child must be somewhere registered all this time.

Emancipation

Selling an apartment where the owner is a minor citizen of the Russian Federation does not always require permission from guardianship authorities. In exceptional cases, you can do without it.

This is possible if the child received emancipation or entered into marriage. The thing is that in these cases minors are given full legal capacity. They receive the rights and obligations of adults. So, the parent will not carry out the real estate transaction, but the child himself. Under such circumstances, there are no difficulties with the sale of property.

Preparation of documents

Are you planning to sell an apartment with a minor owner? Documents for this transaction will have to be prepared in advance. Otherwise, problems may arise. As already mentioned, the main task of parents is to obtain permission from the guardianship authorities for the operation. After this document is in your hands, you can prepare other papers.

But which ones? Among the documents requested during the purchase and sale of housing with minor owners, there are:

• birth certificates of children;
• passports of parents (and minors after 14 years);
• cadastral passport of housing;
• permission from guardianship authorities;
• certificate of ownership of the apartment (sold);
• consent to the transaction from all property owners (if there are several);
• extracts from the personal housing account;
• certificate from the house book;
• contract of sale.

The latter should indicate that new housing (if purchased) will be issued to a minor. Otherwise, the transaction can easily be declared invalid. In any case, usually citizens sell apartments of minors and immediately buy new property. Therefore, all of the above documents are required for both the property being sold and the property being bought.

Risk elimination

Selling a share of the apartment of a minor owner, as well as all housing is a common and rather risky operation. Especially if the child is registered in the territory sold. Buyers often refuse such transactions. But you can protect yourself. How exactly?

The following tips will help:

1. Before buying a home, it is better to check with the seller if he has minor children.
2. Find out whether children are property owners, whether they are registered in the territory.
3. Contact the guardianship authorities before the transaction. This is necessary in order to find out whether the family is prosperous. If so, there will be no problems. It is better not to get in touch with dysfunctional families - a sales contract can easily be canceled with them.
4. Do not trust the promises of settling issues with guardianship authorities in the future. First, the seller must solve this problem, then already deal with the sale of the apartment as a whole.

Also, the seller must see all the documents for the apartment before the transaction. From them you can find out whether the children are homeowners and whether they are registered in a particular territory. It is advisable not to contact sellers who promise to discharge a child after the transaction. This is a huge risk.

conclusions

From now on, it is clear how the sale of an apartment with a minor owner occurs. With proper preparation, this deal will not be a hassle. However, in practice they are very common.

If you want to sell an apartment for children, you must provide them with similar or improved housing. At the same time, parents are obliged to seek support from the guardianship authorities. Otherwise, no notary or real estate agency will approve the operation. In reality, everything is not so scary.