In this article, we will tell you whether it is possible to write a minor child from an apartment, and in what situations this issue is decided solely by the court.
To begin with, it should be stipulated that you will not be allowed to deprive an underage child of registration without having written it to another address. The main condition under which the child's discharge becomes possible is the provision of documents and, in particular, a technical passport for the apartment in which it is planned to register it. At the same time, it is necessary to ensure that due to this "resettlement" the property rights of the child are not affected, and the conditions for life do not become worse.
When considering whether a minor child can be discharged from an apartment, the primary role is played by the address of his actual residence and the form of ownership of the disputed property. So, for example, a child who is not yet 18 years old, lives in a municipal apartment with his mother, and is also registered in a municipal apartment with his father. In this case, the child can very easily be discharged, simply on the basis of the actual finding.
It is much more difficult to resolve the issue with a privatized apartment. And here there may be two options - in one of them a minor is simply registered on the square that in fact belongs to another person, and in another - the child himself owns a share of the property in the apartment. Let's understand each of these cases.
Can an apartment owner write a minor child?
First of all, everything here depends on the will of the parents. If relatives managed to agree, then the mother or father of a child under 14 years (hereinafter his personal presence is necessary) must apply to the passport desk with a petition for the removal of a minor child from the register. In addition, you will need to provide a birth certificate, a passport of one or both parents, as well as documents for an apartment in which the child will be registered after the procedure. It is mandatory to have a technical passport and a warrant for this dwelling. A similar application is considered up to 3 business days.
If the parents are categorically against voluntarily discharging the child, and the owner of the apartment insists, the issue is solved only with the involvement of the judicial authority. In this case, the court will collectively evaluate several factors - the place where the child actually lives, the living conditions at the address of both parents' residence, the child's family relations and the apartment owner, and so on.
How to write out a minor child from an apartment,
In our life, different situations occur, and often the relatives need to write out minor children when selling the apartment, although they were previously given a share of property in it.
By and large, the order of actions here does not differ from the previous situation, but the very first instance that you have to visit becomes the guardianship and trusteeship body. It is the guardianship department that initially evaluates the documents and gives consent to the transaction or rejection. The refusal of the guardianship and trusteeship bodies can be appealed to the judicial authorities.