Each family member has the right to own and dispose of property, the main thing is that the interests of other persons are not violated. Often set special operating modes to stay comfortable. Is it possible to allocate a share in an apartment to a child? This procedure is carried out, you just need to perform it on the basis of the law.
Share is called part of the property. It can be one room or certain square meters. Shares are sold, inherited, leased. Moreover, only the owner has the right to do so. Special attention deserves the registration of the share of the child, since minors have the right to do so by law. And because of any violations, liability is provided for by law.
Key Points
If the apartment is in share, then it will be possible to divide it in kind. This term refers to a room isolated from the rest. It has a separate entrance. The room must be connected to utilities. Also, electrical, water, gas pipelines will be required. The share is considered a type of private property.
How to allocate a share in an apartment? This is only possible with 2 options:
- Peace agreement between residents.
- A court decision if there is no agreement between the owners.
When is it necessary to allocate a share to children?
Is it possible to allocate a share in the apartment to the child? Such procedures are rarely performed. Their main purpose is:
- Protection of the legal rights of minors.
- The choice of a convenient method of operation for all rooms.
- Use of maternity capital if housing is purchased.
Documents
Before you learn how to allocate a share in the apartment to children, you need to prepare the following list of documents:
- statement;
- state duty receipt;
- certificate of residence;
- certificate of family composition;
- purchase or sale agreement;
- certificate of ownership.
Process features
There are some rules regarding how to allocate a share in an apartment. For regulatory organizations it is necessary to prepare the original documents. Their copies will also be required for all participants in the transaction. It’s important to keep payment receipts.
It is possible to contact a notary to prepare an agreement based on all the nuances. If there are no disputes on the issue, the procedure is carried out by the Rosreestr, where documents are provided. It takes at least a month.
Appeal to the court is required in case of disputes, conflicts. The allotment is registered by Rosreestr from the moment the court makes a decision. Sometimes it takes up to 3 months. From all owners of property divided into shares, it is necessary to obtain consent for the part to become the property of the child.
When buying an apartment on a mortgage, on maternity capital
Is it possible to allocate a share in a mortgage apartment? This is done under a gift agreement, if it is necessary to transfer part of the room to the child. Debt is paid by maternity capital.
The contract is executed after removal of the encumbrance from the apartment. It is necessary to obtain consent from the guardianship authority and the bank. Parents will be the legal representatives of the child. Such a procedure is prescribed by law.
How to allocate a share from a room in an apartment?
To complete the procedure you will need:
- certificate of ownership;
- certificate of registration;
- characteristics of housing;
- passport for real estate;
- certificate from the Unified State Register;
- property paper.
It will be possible to establish the procedure for managing housing by the court, since it is rarely possible to draw up a peace agreement to allocate a room. The resolution of the issue begins with the preparation of the claim.
It is necessary to make a requirement to determine the value of each part. Documents must be filed with the court. From BTI invite a specialist who performs the examination. The event is necessary even to evaluate the room, which is located in a communal apartment. The results are presented to the court.
Allocation of natural shares in houses
The procedure is performed voluntarily or in court. If the owners managed to reach an agreement, then they need to draw up a contract in a standard form. In the second case, the decision is made by the court. If the answer is yes, then the optimal solution is selected based on the interests of the parties.
Experts perform several functions:
- determine the value of shares;
- establish the scope of work;
- record the level of wear of the structure.
If the section cannot be completed, then compensation is provided to each owner. To do this, you need to know the market value of the room.
Sale of an apartment with shares of children
This procedure is initiated by parents or persons who replace them. Transactions are carried out to improve housing conditions. It is important that the decision is unanimous. This applies to all persons residing in the premises or registered in it on the date of sale.
In advance, you must obtain consent from the local authorities located at the place of residence. Guardianship and trusteeship provide certificates to one parent, if the place of residence of another is unknown. In other cases, the presence, permission of each parent is required. Each former family member must write a statement. The guardianship authority takes into account the opinion of all.
When it's possible?
In this case, an apartment can only be sold if shares are allocated to children in another apartment. The room must comply with the requirements of the law, technical and sanitary standards.
A transaction is executed when certain conditions are met:
- The location of the new premises is the same as the old one. That is, it is important to be in one locality.
- The new building is located in an area with developed infrastructure.
- New conditions are better than old ones.
- The new share corresponds to the old in terms of area and market value.
- An apartment was bought in which a child can be registered.
Often, custody authorities provide permission to complete a transaction if a child is issued a bank account.
Allocation of a share in housing under construction
How to allocate a share in an apartment if the object is not completed? If the children are not listed in the list of homeowners, this should be done before the sale document is received. To do this, you need to draw up an agreement on the transfer of the rights and obligations of the shareholder. The new paper records the names of the children. The contract is transferred to the authorities of the Federal Register for registration.
Making shares for children
How to allocate a share in the apartment to a minor? A guardian must be present during the donation, sale, and purchase procedures. A transaction is paid tax if the function is not performed by a direct relative. When preparing documentation, it is necessary to focus on:
- The fact that the spouse has granted permission for registration.
- Description of the area - number of storeys, address, repair.
- All information about the representative of the child.
- The address.
This information allows you to understand how to allocate a share in an apartment to a minor child. After that, he becomes the same owner of the room, like everyone else.
Advice to owners
Joint ownership is established if several persons claim to own the premises. The procedure is carried out voluntarily or by agreement, as well as by court decision. The shares will be equal if none of the above methods can be used.
Shares in property are set in different situations, if possible. For example, a one-room apartment is not divided into several owners. Then the court establishes what compensation is due to each person. The main thing is that after the sale, the living conditions of the child should not be worse than they were.
If there are difficulties regarding how to allocate a share in the apartment, then you can contact a lawyer. A notary can also help. He will determine if the procedure can be performed. He will also execute paperwork.
Responsibility for non-performance
Now there are no regulatory documents establishing which authorities should monitor the fulfillment of obligations to allocate a share. Also, it is not fixed anywhere what responsibility lies with the person who signs such an obligation.
But still, you need to take the document seriously. There are many precedents when those responsible were brought to justice, including criminal. The consequence may be invalidation of the transaction. For example, after paying the loan, the shares for the children are not formalized, and the apartment is sold. By decision of the court, the transaction is terminated, and the money is transferred to the seller. The plaintiff can be any interested person.
The child will be able to initiate the cancellation of the transaction upon reaching the age of 18, for example, if he has not received his share. The plaintiff is the PF and the prosecutor. In the regions, inspections by state bodies of the PF, guardianship and prosecutors are carried out. Violators are held accountable. Therefore, you do not need to save on the procedure for allocating shares.
The realization of the housing rights of children is guaranteed by law. If something is not fulfilled, then disputes are resolved by the court. According to Part 2 of Art. 65 of the Insurance Code of the Russian Federation, the place of residence of children with separate housing is determined by parents on the basis of an agreement. In the absence of an agreement, this is established by the court taking into account the interests of the child. The law protects the right of children to housing, so no one has the right to remove it from the register, depriving property. Therefore, when the family moves, the share in the room must be allocated necessarily.