Can I get an apartment for a minor child? A similar question arises among citizens quite often. For some, it serves as a guarantor of child safety in the future, while someone is interested in such information for selfish purposes. In any case, you need to know how real the task is real and simple. Next, we find out how to properly re-register the property as a minor, as well as get acquainted with the most common pitfalls of the relevant operations. They can overtake even a conscientious person.
Can it be the owner
The first issue that citizens are faced with is the legality of transactions, in which a minor becomes the owner of the property. Do such operations violate the laws of the Russian Federation? Can I get an apartment for a minor?
By law, the owner of the property can be any person. Neither his gender, nor his citizenship, nor his gender, play a role in this matter. This means that you can make a child a landlord. True, this alignment can cause a lot of trouble. Especially if citizens begin to think about how to sell an apartment designed for a minor child. But first things first.
The ambiguity of rights
To transfer property into the ownership of one or another person, citizens must conclude a legally significant agreement between themselves. For example, give or buy a property. Children have no authority to carry out appropriate operations.
Each of the parties in the process of re-registration of property must have full or partial legal capacity. The first “comes” at 18, the second - at 14. Accordingly, problems cannot be ruled out before these age levels.
For children, all legally significant operations will be carried out by their legal representatives. For example, parents. They will not have rights to the child’s property - only the right to represent interests. Without the participation of mom and dad (or other representatives of the law) under the age of 14 it will be extremely difficult to register a property for a minor. But if you try, you can achieve the desired result.
Important: after 14 years, the child himself can participate in legally significant transactions, but with the permission of his parents or other representatives appointed by law.
Transmission methods
Can I get an apartment for a minor child? Yes, the main thing is to prepare for this process. There are various ways to transfer property rights. And everyone chooses how to act.
At the moment, it is possible to arrange property for a child by:
- privatization;
- gifts;
- inheritance;
- sales.
The most common is the latter scenario. Nevertheless, each method of transferring property rights to a minor has its own characteristics. We will talk about them below.
Property Purchase: Juvenile
Can I get an apartment for a minor child? Yes. And the first scenario is the purchase of property for a minor or teenager. Pretty common, though not the easiest option. How to make an purchase of an apartment for a minor child?
Let's start with deals involving young children. In this case, the sale will be based on general principles, but with certain features. It must be remembered that:
- in legal transactions involving young children, the interests of the latter are represented by their legal representatives;
- in the contract of sale indicate the information of the child with the inscription "Buyer in the person of the legal representative";
- the personal presence of a minor in such a transaction is not required.
Accordingly, the purchase of housing for the baby can be made without his participation. It is enough to bring a certain package of documents. Namely - a birth certificate or statement of adoption.
About buying for teens
How to arrange an apartment for a minor child? You can simply buy property and immediately record it on a teenager. This option is in special demand. Especially among those who initially do not want to have shares in the same housing with a minor.
If the purchase is made on a person who has reached the age of 14, you will have to remember the following rules:
- the presence of the future owner in the transaction is required;
- the child will independently sign the agreement of the established form;
- legal representatives of the minor must authorize the acquisition of real estate for children;
- in documents about the teenager they write "Buyer with the consent of legal representatives";
- all registration actions with property in Rosreestr the child will have to carry out independently.
The rest of the transaction is carried out according to general rules. The main thing is not to forget to bring along your child’s passport and his birth certificate. Otherwise, the corresponding operation may be refused.
Testament and renewal
Can I get an apartment for a minor child? Yes, and in several different ways. Citizens themselves decide what to do. In fact, everything is not so difficult.
The testator can issue a will for any person during his lifetime. In this case, neither age, nor gender, nor family ties with the property owner are important. The main thing is to observe the rules for executing a will. They are no different from the transfer of property by succession to an adult.
After the death of the testator will face the following stages of re-registration of real estate:
- Obtaining information about the inheritance and giving consent to the acceptance of property by the legal representatives of the child.
- Waiting for the expiration of the inheritance.
- Receiving legal representatives of a minor certificate of acceptance of property by inheritance.
- Re-registration of property in state authorized bodies.
Persons after 14 years old can do all the steps on their own. Problems may arise when making a fee for registering the transfer of rights to property. This operation is recommended to be performed with the participation of legal representatives.
We receive privatization
Can I get an apartment for a minor child? The next scenario is the acquisition of state-owned housing. That is, in the process of privatization.
This operation is carried out when citizens have housing, hired for social rent. The child must be registered with him on an ongoing basis. Then he will be able to participate in privatization. Otherwise, it will not work to include the child in potential recipients of the property.
Here are the basic rules that every citizen should remember when planning to privatize housing:
- children under 14 years old are included in the number of participants in the operation;
- after 14 years, a minor can be removed with the permission of the guardianship authorities;
- when signing a privatization agreement, the presence of a minor is not required, but a teenager is necessary;
- when applying for privatization, the prepared package of certificates must be accompanied by a certificate of birth or adoption of the child, as well as his civil passport (if any) and a certificate of residence.
In addition, privatization is carried out with the consent of all residents registered in re-registered housing. If someone does not agree with the process, he must write a refusal and give it to the privatization participants. Otherwise, the re-registration of property is not possible.
In the course of the actions, the minor will receive a certain share in the housing. Entirely for the child privatization is not carried out. This is due to the fact that children must be registered with one of the legal representatives. True, you can write a rejection of privatization in favor of your child. In this case, the property will completely become the property of a minor.
About gifts
Many are interested in how to arrange a donation of an apartment to a minor child. This is a great way to transfer property, especially between close relatives. How to issue a gift certificate for an apartment? It is the easiest way for minor children to make recipients of such gifts!
Donation of property is carried out in the presence of its legal representatives. The main feature of such a transaction is that for the operation you need to obtain the consent of the guardianship authorities. As a rule, there are no problems with its design - the purchase of housing is always for the benefit of minors. Their interests will not be infringed. So, the child will be allowed to receive a gift in the form of an apartment or a house.
If the housing is transferred to the ownership of a minor, there should not be other residents in it. That is, you will have to write out the prescribed ones. This is necessary because in the presence of tenants it is assumed that they can use the housing. And this, in turn, violates the interests of minors.
Clearance
But that is not all. How to get a share of an apartment for a minor child? You can highlight it by gift, purchase or inheritance. In practice, the first scenario is most often found. It is the fastest and least expensive.
The same principles apply to registering a share as apply to all property. There is nothing difficult about this. However, if someone gives jointly acquired property with a spouse in marriage, you need to get permission from the husband / wife for the operation.
Documents for gift
If the apartment is framed for a minor child, this creates certain difficulties. Especially when the property you want to sell. But we will talk about this later.
First, find out what papers are useful for issuing a gift for a minor. As a rule, a similar package of statements will be necessary for other methods of transferring property to the child.
Often the parties are required to:
- passports
- USRN statements;
- parent's permission for the operation;
- certificate of birth or adoption of a minor;
- child's passport (for persons from 14 years old);
- a deed of gift of an established form;
- Marriage certificate;
- permission of the spouse for a transaction with common property (or all co-owners);
- permission of the guardianship authorities to conduct the donation procedure.
It is advisable to take with you also copies of the listed papers. In addition, it is recommended that any re-registration of property be carried out through notary offices.
Important: when donating, guardianship authorities can check the transaction for legality. This is a normal occurrence. Verification is necessary in order to make sure that the operation is free of charge.
About taxes
How to arrange an apartment for a minor child, found out. The first difficulty that citizens face is not collecting documents or even obtaining permission from the guardianship of a particular transaction. It's about taxes. The acquisition of property is the receipt of income. And it usually provides for taxation. The same goes for giving and inheriting.
It is worth remembering that transactions between close relatives in Russia are exempt from taxation. Otherwise, you will have to pay the state. Only children have no income, they are not able to independently carry out bank transfers. What does it mean?
Only the fact that all expenses for the purchase of housing, as well as for the payment of taxes for minors, are borne by their legal representatives. If you do not pay, then parents / adoptive parents will have serious problems with the Federal Tax Service of the Russian Federation.
Difficulties if the child is the owner
How to sell an apartment designed for a child? This is an extremely difficult process. The presence of a minor owner in an apartment or other real estate creates certain obstacles to the transaction.
Firstly, it is considered an encumbrance. Few people agree to acquire property from a child.
Secondly, property can only be sold with the permission of the guardianship authorities. They do not give permission if the interests of children are violated. Often you have to first give the child other housing, and then sell the first.
True, this situation has its advantages. With the divorce of parents, none of the spouses will be able to apply for a children's apartment. This is simply illegal.
Prohibitions
Selling an apartment designed for a minor child in Russia is possible. Just not always profitable. As a rule, it’s better to wait until the minor is 18 years old, because “custody” is able to simply prevent a deal.
If the apartment is registered for a minor child, it cannot be:
- exchange;
- to lay down;
- copy to another person;
- bequeath.
Selling, as already mentioned, is also often impossible. Therefore, it is worth considering carefully before registering ownership of children.