Have you decided to sell or exchange an apartment or a house, but in the process of registering a transaction, faced with the problem of extracting a minor child from the apartment? This happens very often, and in this article we will tell you whether the owner can prescribe a child and what it takes to get a child out of an apartment or a house and whether the owner can ever write a child.
How do I get a minor child out of the apartment?
One of the most problematic situations is the case when it is required to write a minor child from a privatized or municipal apartment. If this is the child of the owner of the apartment, then, in fact, he is a co-owner of real estate, since for each family member, a certain part of the property is necessarily allocated. And this means that you can sell such an apartment (house) only in strictly defined cases:
- After the permission of the regional guardianship authorities.
- By agreement of both parents (guardians or adoptive parents).
It would seem that the difficult? But in real life it is often very difficult to fulfill these conditions. After all, not always parents of the child live together or at least maintain a relationship. It happens that the father (or mother) of the baby has not been seen almost since birth, has no idea about his (her) whereabouts and there is practically no possibility to contact the second parent. Legislation provides for a number of exceptions when the consent of the second parent is not required:
- in case of deprivation of the parental rights of the father or mother ;
- when he / she is considered missing;
- when the father was absent from the birth of the baby (recorded from the words of the mother);
- in case of death of one of the parents.
Also it is necessary to apply to the guardianship authority (guardianship council).
Unfortunately, the board of trustees does not have a single algorithm of actions, clearly defined by the state and laws. The main condition for the staff of guardianship agencies is the protection of the property rights of the child and, in particular, the preservation of his right to housing. This means that for the discharge of the child you need to ensure that he can immediately be registered at a different address, with the provision of adequate living conditions. That is, you can write your baby out of an old apartment only after you have bought a new one (or you can find a place where you can register a child without infringing his rights to housing). Alas, in practice, when preparing a transaction for the sale of an apartment to ensure this is not always possible. Also, the guardianship authorities will allow you to write out the baby when buying a new, more spacious or expensive apartment (in these cases the cost of the child's share will be higher than in the previous apartment). According to the law, when concluding transactions for the purchase and sale of real estate, the property rights of the child should not be infringed, that is, the cost of a share in a new apartment can not be less than in the previous one. In situations where the family is forced to move to a cheaper, old or small apartment, the rights of the child are always violated, which means that the guardianship authorities will not issue a permit for the child's discharge. But even in this situation there is a way out - to get permission, the child's share in the future apartment should be increased. For example, for a family of three people (two parents and a kid), this is done like this: a new apartment is issued not for three, but for two - one of the parents and the child. Thus, the cost of a new share (half) in an apartment will be higher than the previous one (one third).
As you can see, extracting a child from a privatized apartment is not as simple as it might seem at first glance, so if you are planning a real estate purchase transaction, take care of the procedure in advance.
How do I get a child out of an apartment?
For the discharge from the apartment of an adult child, his consent will be required. If the child refuses to give it, get
In any case, be careful and do not hesitate in addition to double-check all the documents. After all, if you buy a property in which a foreign child is registered, eventually his parents can easily challenge the legality of the transaction and deprive you of the property right through the court. And in this case, the law will almost always be on the side of the child, not the adult buyer.