How to allocate shares in an apartment to children

Minor children have the right to a share of real estate according to the laws of the country. Parents must carry out this legal procedure - their main task is to cooperate with a specialist who will help allocate a share in the apartment to a minor child. It is important to comply with the specifics of the legislation, assess the need for a notary’s participation and complete all stages of this procedure.

When is it necessary to allocate shares to children?

The regulations are regulated by the legislation of the Russian Federation - the law was created in 2006. He describes the features of the state program aimed at supporting families with children. The share must be allocated within 6 months after full payment of the mortgage, installment plan or purchase of housing at full cost. Allocating a share in an apartment to children is legally impossible if an encumbrance is imposed on the property.

The entire procedure usually takes about 2 weeks, however there are exceptions.

What happens if this process is not completed or the allocation is not initiated? Usually, ignoring the need to perform this task occurs deliberately - it simplifies the procedure for selling real estate. If the apartment has one owner, then the transaction goes through quickly. It is important to remember that after reaching adulthood, children can independently go to court to allocate a share in the mortgaged apartment. Even if the home was sold, the transaction may be canceled after going to court under article of fraud.

In what cases is it necessary to alienate property?

Allocation of a share to a child is mandatory if:

sale of existing housing;
applying for a loan for real estate, with participation in shared construction;
purchasing housing using maternity capital.

Let's look at each option in more detail.

When selling real estate, the owner or shareholder of which is a child, it is required to obtain the appropriate permission from the guardianship authorities. Spouses receive consent only if the children will be allocated square meters in the new apartment or house. It will not be possible to sell the home under other conditions.

When purchasing real estate on credit, your child can immediately be allocated a share in the mortgaged apartment. However, not all banks are ready to accept such conditions, since problems with the sale of the object cannot be ruled out in the future. In this case, children can become owners immediately after repaying the loan. It is important to remember that in accordance with Federal Law No. 256 of December 29, 2006 “On additional measures of state support for families with children,” shares must be allocated within 6 months after the encumbrance is lifted. The bank's decision can be mitigated by providing one's own real estate as collateral or registering other property for the child.
When purchasing housing that is under construction, minors may be included in the shared participation agreement. After signing the transfer and acceptance certificate, it becomes possible to formalize ownership of the living space. When building a private house, parents are also required to allocate part of the land plot.
When using maternity capital, the allocation of shares is mandatory. The guardianship authorities will give permission to complete the transaction if the rights of the child were not violated when drawing up the agreement. Therefore, the alienation of property should be decided before applying for a loan. However, this is not possible while the encumbrance on the housing mortgage is in force. In this case, when filling out an application for the use of maternal capital funds, the owner of the square meters must confirm that he undertakes to allocate shares to the children. Failure to comply with this clause will result in appropriate measures being taken.

New in the legislation on the allocation of shares in 2021

In 2021, the only change was the abolition of the notarial obligation. You can still do this, but if you are required to notarize it, it is illegal. Canceling the need to interact with a notary does not cancel the child’s right to allocate a share.

The provisions of the Federal Law describe the need for this procedure to be carried out by the spouse. Also in 2021, the mandatory provision of a notarial undertaking to the Pension Fund of Russia, which confirms the fact that the living space has been registered as the common property of the family, was canceled for certificate holders. The same applies to housing built using maternity capital. In case of non-compliance with the law, the specifics of sales transactions are checked by employees of the prosecutor's office.

If the owner wants to avoid problems with the laws, he must comply with the following:

Allocation deadlines. In the process of allocating a share for a child in a mortgaged apartment, you should be aware of the importance of meeting deadlines - you need to start the procedure no later than 6 months from the date of purchase or payment of the mortgage for the home.
You should know who will be the owner. Shares are assigned to each family member. If a third child appears during the loan repayment process, he will also later receive the status of owner.
How the document is drawn up. It is submitted in writing and certified by a notary.

Be sure to follow the registration procedure - check for any errors in entering personal data.

How to allocate shares in a mortgaged apartment?

The allocation of shares in a mortgaged apartment is carried out in accordance with legal requirements.

Step-by-step instruction

Once the mortgage loan is repaid, the encumbrance must be removed from the collateral. To do this, you should contact Rosreestr with the appropriate application and documents confirming the absence of mortgage debt. After reviewing the documents, the applicant will be presented with a new Extract from the Unified State Register of Real Estate with no encumbrance on housing.
After this, the apartment owner has the opportunity to allocate a share.
Drawing up a written agreement with a notary to transfer part of the property to the child or a gift agreement. Documents are prepared for both parents, for the Pension Fund, for Rosreestr. You will need to submit documents confirming the identities of the parties to the transaction, marriage certificates, birth certificates, an extract from the Unified State Register for real estate, and an agreement on granting housing rights to minors.
Submitting documents to Rosreestr for registration. An application for registration is submitted on behalf of each owner. It is required to provide a complete package of documents as a notary, and a completed agreement or gift deed.

The state duty for the service will be 2 thousand rubles

Documents are submitted to the MFC. The registration period for the transaction is 10 days, then the owners receive a new statement containing information about the owners of the apartment (house) where the minors will be present.

How to determine whether a notary is needed

Before giving children shares in the apartment, it becomes necessary to cooperate with a notary. The need for such a specialist depends on the term of vesting of shares. At the moment, the legislation describes that certification of a document by a notary is not necessary when alienating shares. Also, many lawyers cannot agree that “allocation” is synonymous with alienation.

Rosreestr reports that these words are synonymous, which makes the presence of a notary possible. If the document is not certified, then Rosreestr may refuse to register property rights. The conclusion is not simple - there is no definite answer to this question, but the best solution is to have the document certified by a notary, since this will 100% likely save the potential and current owner from problems.

The procedure for allocating shares without a notary in 2021

To allocate shares to children in another apartment, you need to go through 4 main stages: prepare agreements, collect papers for registration, pay the state fee and receive an extract from the Unified State Register.

Preparation of the agreement

The agreement is drawn up in writing. But then this document must be certified by a notary - this will make it possible to make the transaction completely legitimate. The agreement specifies passport details, residential address and the necessary parameters of living space. The agreement also stipulates the conditions for using the distribution and the size of the share for each family member. If you have questions about drawing up this document, you can contact a notary or lawyer who has already performed this task many times.

Drawing up this document is not free, as payment of a state fee is required.

We collect documents for registration

In order to give a child a share in the mortgaged apartment, we first begin collecting papers for interaction with Rosreestr. We take with us a folder with papers: identity cards of adult relatives, a document confirming the fact of the birth of a child, a correctly drawn up agreement (3 copies), confirmation of marriage (or divorce), documentary evidence of ownership and a receipt for payment of state fees.

After reviewing and registering all documents, Rosreestr makes a decision. If it is positive, then you are fulfilling your obligation to children and the laws of the Russian Federation. After completing this procedure, no further action is required.

Features of paying state fees for registration

When allocating a share to children in a purchased apartment, you should be aware of the importance of paying the state fee. The amount of payment for certifying the agreement is equal to half a percent of the cost of the agreement for the purchase of an apartment. The price cannot be less than three hundred and no more than 20 thousand RUR. You will also have to allocate part of the funds to pay for technical work (the price depends on the specific area).

Extract from the Unified State Register of Real Estate

You can allocate a share in a mortgaged apartment to children only if you receive this document. This is done through the State Services Center or on the official website of Rosreestr. In 2021, it was planned to create a special service for receiving statements in paper or electronic form.

If you work through a public services center, then you need to come to the center and fill out an application. Next, you receive the document from the employee within 5 days.

How is the share allocated to children after the mortgage is paid off?

Registration is carried out through the preparation of a deed of gift or a written agreement to transfer part of the property to children. Both documents contain information about the participants in the transaction (including representatives of minors), the registration number of the property, and the size of the alienated share. By the way, the law does not indicate the number of square meters transferred into the ownership of the child. The amount is determined by local authorities depending on the area of housing and the number of participants in the transaction.

The alienation of part of the property is carried out by a notary. To carry out the procedure, you must pay state fees. Registration is possible upon provision of the following documents:

Passports of Russian citizens participating in the transaction. If children are minors, birth certificates are provided.

Purchase and sale agreement or DDU, extract from the Unified State Register of Real Estate.
Marriage certificate.
Agreement for the alienation of shares.
Receipt for payment of state duty.
Mortgage agreement.

The notary must provide original documents and their copies. An agreement to allocate a share to children is drawn up in the Pension Fund of Russia (PF RF) before the transfer of maternity capital funds to the mother’s account.

Legal difficulties when transferring shares to children

The main difficulty is ignoring the need to certify documentation through a notary. It's better to pay a relatively small amount than to have problems later. The purchased housing must be transferred into shared ownership for each family member, without exception - for each spouse and child.

Difficulties may also arise if it is necessary to sell housing purchased with maternity capital. If the children are minors, then the guardianship authorities may be involved in the procedure. The child's share in the apartment when the parents divorce remains the same.

The child’s rights to dispose of his share of property

A child may acquire property without the direct participation of parents. He may become an heir or receive a gift. Age restrictions on the disposal of property look like this:

Until the age of 14, a child cannot dispose of property. Parents or other legal guardians manage it for him under the control of social care authorities.
From the age of 14, a child can dispose of property, but to dispose of it he must obtain the consent of legal representatives, and sometimes the guardianship authorities.
From the age of 18, the child’s share in the property becomes his or her complete disposal.

A child over 16 years of age can also obtain full rights to dispose of property. A 16-year-old citizen can become legally competent in one of three ways.

By entering into a legal marriage. A subsequent divorce, if it occurs before the age of 18, does not deprive the child of acquired legal capacity.
Having received a job under an employment contract.
Doing business with parental consent. Without such consent, you cannot engage in business before your 18th birthday.

The last two cases of a child gaining legal capacity between the ages of 16 and 18 are called emancipation. Emancipation is carried out by social care authorities with the consent of the legal guardians of the minor or by court decision.

Questions and answers from a lawyer on the topic of giving children shares in real estate

Is it possible to allocate shares to children in simple written form, without a notary?

The allocation of shares by law must be carried out through notarization, if the process does not receive the status of alienation of a share.

Can I allocate a share before the mortgage payment is completed?

No, this can be done after full ownership. However, if you obtain permission from the bank to allocate shares for the collateral property, then this can be done. Practice shows that some banking organizations are ready to issue such a document. In this case, interaction with guardianship authorities may become a problematic issue. They consider each case individually, so it's still worth a try.

What shares should be allocated?

Distribution is carried out in equal shares for all family members.

What share is a child entitled to in maternity capital?

Unfortunately, the law lacks specifics. Technically, it turns out that it is possible to allocate from 50 to 1% of the area. But if the allocation of a share is carried out unfairly, then state inspection bodies may have questions. It is better to do this proportionally - to correctly calculate the amount and area, consult a specialist.