Re-registration of an apartment for a child has its own characteristics. There are situations when this procedure cannot be avoided. Anyone can figure this out on their own.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!
Is it possible to register real estate for a minor child?
Is it possible to register a house for a minor child in Russia? Is it possible to register a dacha for a minor child? The laws clearly state that any person has the right to own property regardless of age.
Based on this, we can come to the conclusion that children enjoy the right of private ownership of real estate on an equal basis with their parents.
But there is a certain procedure for concluding special transactions under which ownership of such property is transferred. Transactions are drawn up in writing (purchase and sale, donation), and are signed by the parties who have full or special legal capacity.
Every citizen, including minors, has the right to own real estate
But after signing the deal, the agreement itself must undergo special registration with government agencies (Rosreestr). And only after this the child will become the full owner of the home.
In our case, parents, guardians and adoptive parents of children have full legal capacity, and special children aged 14 to 18 years.
Until the child reaches the age of 14, his parents manage his property
It follows from this that if the child is under 14 years old, then the right to sign the agreement (purchase and sale, gift), according to which he will become the owner of the home, belongs to the parents (guardians, adoptive parents).
And if he is older, then with the consent of the mother and father (guardians, adoptive parents), such a child independently puts his signature on all contracts and signs documents for registering real estate.
Thus, to the question: is it possible to register real estate for a child, we can confidently answer that any child can take ownership of real estate, without any legal restrictions, and have full rights to use it at their own discretion.
It is important to know that the rights of the child are monitored by the guardianship and trusteeship authorities.
Therefore, if real estate is acquired by a child as a result of the sale of an old apartment or house where the latter was registered, then such a transaction requires the mandatory consent of the guardianship authority.
What will the guardianship authorities take into account?
They will be interested in the territorial correspondence of the real estate purchased in the child’s name to the location of the existing housing. For example, the intention of a guardian to exchange the ward’s apartment located in the center of Ufa for housing of a slightly larger area, but located, say, in Blagoveshchensk, will not be approved by the guardianship authorities.
An obvious discrepancy with the interests of the child for the state guardianship service will be the difference in the cost of housing. If the property offered to replace the existing apartment of the minor owner turns out to be cheaper, the guardianship service obliges the guardians to transfer the difference in cost to the child’s bank account, otherwise permission will not be granted. The child will have access to this bank account upon reaching adulthood.
How can real estate be transferred to a child?
There are several ways to transfer real estate to a child; you will need to choose the one that is most convenient for you.
Having figured out that registering real estate for a child is not difficult, now you need to move on to how this can be done.
In our legal field, there are many ways to acquire such property.
But in this situation, it is best to opt for methods that do not entail certain legal consequences.
To purchase square meters for your baby, it is better to use the following methods:
- Through privatization. This action means the purchase from the state or municipality of housing that belongs to them by right of ownership.
- Through a deed of gift, when real estate is donated to one’s relatives.
- Through inheritance, that is, parents or other relatives write a special will stating that after their death, the children become their heirs and take ownership of the home.
- By buying and selling. This is the most common deal.
- Each method has its advantages in specific situations, so this needs to be considered in more detail.
It is important to know that in the above cases, the child is given a real estate document, which, after its registration, confirms the child’s ownership of the residential premises.
Privatization
The simplest option is the child’s participation in the privatization of the apartment
Despite the fact that this method of acquiring real estate residential property is considered outdated, according to statistics, there are still many apartments in our state that are owned by the municipality and are rented out to the persons living in them under a rental agreement.
In order for housing to become property, it must be privatized, that is, a special legislative procedure must be completed. According to the general rules, such housing is privatized for all family members, including children in equal shares.
Therefore, the child or children automatically become the owners of part of the premises.
In order for all square meters to become the property of the child, it is enough for the parents, during the privatization process, to write special statements that they renounce their shares in favor of the child, and he actually becomes the full owner of the apartment.
How does the state protect children from property loss?
The law is strong, but it's law. It covers every step. The state protects children in the maximum possible ways. Privatization guarantees the impossibility of depriving a child of property rights.
If minors who have not reached the age of majority at the time of privatization of housing are registered in the apartment, they still retain the right to part of the square meters, even if they are already the owners of other real estate.
Adults do not have the right to worsen the living situation of children . This means that you can sell an apartment owned by a child if you purchase more spacious and comfortable housing.
Donation
The transfer of ownership from one owner to another can occur through a deed of gift.
To do this, the owner of an apartment or house comes to the notary and expresses a desire to give such an object to the child.
The notary, in turn, draws up a special form, makes a note in the notarial records, and issues a document stating that the residential property has a new owner.
You can transfer an apartment to a child by registering a deed of gift with a notary
At the same time, you must not forget that the new owner (child) must agree to accept the property as a gift (if he is 14 years old), or his parents should do this (if the child is under 14 years old).
Unlike privatization, such an agreement must be registered with Rosreestr, and only from this moment the transaction will be considered valid.
The advantage of a deed of gift is that you do not need to pay taxes, and after some time the child, if the need arises, can give the apartment or house to another relative, but this will happen under the control of the guardianship authority.
At the transaction itself, the presence of representatives of the guardianship council is not necessary, since it does not provide for a comparison of housing conditions that existed in the past and will arise in the present.
It is important to know that a deed of gift is difficult to revoke by a court decision. This transaction is ideal for transferring real estate between relatives.
Registration of property as a gift
In this case, re-registration of real estate is executed by the donor in favor of his relatives free of charge. To complete a transaction, you will need to obtain the consent of all parties. The document can be drawn up by either one donor or a notary. The transaction process takes up to 30 days.
What you need to know about real estate registered as a gift
The owner of the property becomes the sole relative for whom the document is issued. Even if a married couple divorces, where one of them received an apartment as a gift, it is not subject to division. But according to Article 37 of the Family Code of the Russian Federation, if the spouse proves that he actively participated in the repair and restoration of real estate and thereby increased its value, then he can claim a part of it.
The donor does not pay any fees because he did not receive any income from the transaction. But with the second party, everything is more complicated - in a transaction executed between distant relatives, you will need to pay a gift tax. Otherwise, when spouses, parents, children, adopted children, and grandchildren take part, they are exempt from any additional expenses, according to subsection. 18.1. clause 1 art. 217 Tax Code of the Russian Federation.
If the property belongs to a married couple, then the spouse must give appropriate permission. With its help, the second owner of the property alienates the living space acquired jointly during the marriage and makes it possible to register a gift to another person.
It is difficult to cancel a deed of gift, and in some cases it is even impossible (when the recipient himself does not renounce the real estate).
Will
Drawing up a will for a child will ensure the transfer of real estate into his property and protect him from attacks by other relatives
The process of transferring real estate under inheritance law has several features. It can occur by will or law.
In the second case, the square meters are divided equally between all heirs, despite the fact that a child is claiming the share.
Therefore, in order to provide square meters for their children, it is better for parents to resort to drawing up a will. It will act as a guarantee that other heirs will not lay claim to the real estate.
In addition, any will can be canceled and a new one drawn up, so the child will be more disciplined.
The will is drawn up in a notary's office. If something happens, the person who compiled it may change his decision.
This method is good in cases where there is a suspicion of dishonest relatives who may demand their share when entering into an inheritance by law.
Buying an apartment for a child
Can a minor child buy an apartment? The process of acquiring an apartment through purchase and sale is currently the most common.
This is due to the fact that the best way to invest money is real estate, since until the baby grows up an apartment or house, you can rent it out and make a profit.
Such an agreement is drawn up in a notary's office and requires the signatures of all parties. It must be said right away that the buyer signs the person. If he is 14 years old, and if his parents or other legal representatives are not.
After drawing up the agreement, it must be registered not only with a notary, but also in the state register. They do this because only from the moment of registration of a document for real estate does ownership begin.
After the entire procedure, the minor becomes the full owner of the real estate.
It is important to know that if the purchase of an apartment or house takes place with money from previously sold property where a minor was registered, then it is necessary to obtain the mandatory consent of the guardianship and trusteeship authority to carry out such a transaction.
How much is the deal worth?
The price of registration in different places can be different - from 2 thousand rubles. rub. and higher. Additionally, you will have to pay a state fee, the amount of which is prescribed in Art. 333.24. NK.
When registering a sale and purchase transaction and donation for the state registration of property rights and the transaction agreement, you will need to pay a state fee in the amount of 2,000 rubles to the cash desk.
When registering a will, the testator will be required to pay a state fee of 100 rubles. This figure is not final and may increase depending on the services of the notary office. For example, they may offer to pay for the services of printing wills, documents or their firmware.
The heir pays the state fee for issuing the certificate. There are several nuances here:
- If these are children, spouse, parents, then it is 0.3 percent of the cost of the apartment, but should not exceed 100 thousand rubles.
- Other heirs will have to pay an amount of 0.6 percent, but not more than 1 million rubles. rub.
Registration of property rights costs approximately 1000 rubles.
All expenses must be paid on time and confirmed by a document - a receipt, which is presented at the place of request.
Pros and cons of a child becoming an owner
Decorating an apartment for a child has its pros and cons
Purchasing real estate for a child has the following advantages:
- first, he becomes the owner of the property, and after reaching the age of majority he can dispose of it at his own discretion;
- Until the child reaches adulthood, an apartment or house can be rented out and the money received can be spent on the needs of the family or the child;
- the property of a minor cannot be seized or otherwise seized for monetary or other obligations of the parents;
- Guardianship and trusteeship authorities strictly monitor the rights of children. Therefore, various transactions with such property that have signs of fraud will be necessarily canceled by the court, and the children’s rights will be restored.
If we talk about minuses, then there is only one. It is almost impossible to sell the baby’s property, as the guardianship authorities will oppose it.
They will only give permission to improve the latter’s living conditions. It should also be said that after the age of 14, a minor can limit the actions of his parents in managing his property. There are no more cons.
Speaking about whether it is possible to register real estate for a child, it must be said that this procedure is the same for children and adults.
The law does not establish any restrictions, with the exception of the presence of parents in transactions where the minor is under 14 years old, that is, all agreements are signed by guardians.
Upon reaching 14 years of age, parents only give written consent, and the child signs.
Learn more about transferring real estate into the ownership of a child in the video:
See also Phone numbers for consultation Oct 11, 2021 Yulia Yuryevna 1242
Share this post
Discussion: 2 comments
- Alexander Maksimov says:
10/11/2019 at 09:11If you register an apartment for a minor child, then, as I understand it, he still will not be able to manage it. This means that everything depends on the location of the guardians. They will be able to sell it without his knowledge.
Answer
- Olga says:
11.11.2019 at 16:36
It is good that the rights of minor children are being significantly expanded in our time. Previously, many such opportunities did not exist, so housing issues were much more difficult to solve.
Answer
Basic Concepts
Some Russian citizens, when purchasing real estate, register it in the name of a minor child.
Current legislation allows a child to become an owner from birth. But the motives of parents are different and not always appropriate.
The first reason for transferring an apartment into the ownership of a child is the desire to provide him with living space. Of course, the legal representative (parent, guardian) will manage the property until the child reaches adulthood.
But any alienation without the consent of the guardianship authorities is prohibited. That is, parents are confident that no matter what happens, their child will not remain on the street.
The downside is that parents, if they need to sell their home, will have to convince guardians that their children’s interests are being respected.
Another reason involves transferring the apartment into the ownership of the child as a way to remove the object from the list of jointly acquired property.
When spouses divorce, all common property is divided in half. Property belonging to another person, a child in this case, is not subject to division.
Another reason to register an apartment for a child is the safety of property. Citizens who take out loans sometimes transfer their property to their children in advance.
In case of non-repayment of borrowed funds, credit institutions will not be able to foreclose on property that does not belong to the debtor.
The motives of adults can be different. But in any case, the transfer of ownership to the child must be properly formalized.
