free jokes
Permission to dispose of the property of a minor
Transactions with real estate owned by minors
Real estate transactions involving minors are considered almost the most complex. Children, like adults, can be owners of real estate. And therefore, dispose of it: sell, buy, exchange... But minors (from 14 to 18 years old) in accordance with the Civil Code of the Russian Federation have incomplete legal capacity. That is, in order to conclude a transaction, the consent of the legal representatives - parents, adoptive parents or trustees of the minor - will be required. Conducting such real estate transactions has a number of significant features, and if they are not taken into account in a timely manner, the transaction will be disrupted or worse, declared invalid. How to avoid this? Minors are divided into minors who are not yet 14 years old, and minors aged 14 to 18 years. Their legal representatives always act on behalf of minors in a transaction. Of course, a 10-year-old child, for example, has the right to go to the store and buy himself a chocolate bar or a can of cola. Such transactions are not prohibited by law. Children under 14 years of age can carry out other small household transactions and manage pocket money provided to them by their legal representatives. But it’s hard to even imagine such a child signing a sales contract or submitting documents for state registration. These types of transactions are made for them by their parents or other legal representatives. As for children aged 14 to 18 years, this group of minors is more free to enter into transactions. They perform them on their own, sign documents, etc. But they do this with the caveat that all actions take place with the written consent of mom or dad or other legal representatives. Moreover, from the age of 14, a child can take part in transactions only if he has a passport (and birth certificate) in hand.
Without written consent, citizens aged 14 to 18 years have the right to:
1) manage your earnings, scholarships and other income; 2) exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law; 3) make deposits in credit institutions and manage them; 4) make small household transactions; 5) from the age of 16 have the right to be members of cooperatives.
In a transaction involving minors, the child’s legal representative must be present. The child's legal representatives include:
– parents; – adoptive parents; – guardians. If the child does not have parents or adoptive parents, then guardianship is established over children under 14 years of age; – trustees. If a child does not have parents or adoptive parents, then guardianship is established over children aged 14 to 18 years.
If an apartment or a share in an apartment belongs to a minor, then you should know the following:
– for the sale of property owned by a citizen aged 14 to 18 years, written approval of the transaction from a legal representative is required. In turn, the legal representative of the child can give his consent to the sale only with the prior written permission of the guardianship and trusteeship authority.
In order to sell an apartment that is the property of a child under 14 years of age, it is also necessary to obtain the consent of the guardianship authority. To do this, you will need a fairly voluminous package of documents, including: passports of all participants in the transaction, originals of title documents for the apartment being sold, a certificate from the BTI, an extract from the house register, and if the child is the owner, but is not registered in this apartment, it is necessary to present an extract from house register from the place of “registration”. The authorized inspector prepares a package of documents and submits it to the commission operating under the municipality. Then an order signed by the head of the municipality is issued, which must clearly indicate under what conditions the transaction can be completed. When considering the issue of permission to conduct transactions with the participation of minors, the guardianship and trusteeship authorities try to take into account all the factors due to which the transaction may subsequently be terminated and the housing rights of the minor may be violated. The guiding principle when making a positive decision: the child’s share of property should not decrease, and living conditions should not worsen. When making decisions, guardianship and trusteeship officials should be guided only by the interests of the child. That is, in each specific case, the following is strictly taken into account: - whether the child’s living conditions will deteriorate, whether his property interests will be affected, etc. As a rule, the guardianship authorities give the go-ahead for the sale if the minor owner receives another residential premises or an equivalent one in return share. For example, if a three-room apartment is being sold in which a child has a share, then guardianship officers may give permission for the sale if in return he receives a similar share in another residential premises. But other factors will also be taken into account, for example: where the housing being sold and purchased is located. So, if the apartment for sale is located in the center of Moscow, then, naturally, the property and other interests of the child will suffer when he buys similar housing on the outskirts of the capital or in the near Moscow region. If parents believe that the guardianship authority unreasonably or unlawfully refused to sell the property of a minor, then the law provides for the right to appeal such a refusal in court.
On a note
“Article 37 of the Civil Code of the Russian Federation provides for the need to obtain the consent of the guardianship and trusteeship authorities not only for the sale of the property of a minor, but also for his renunciation of his property rights.” For example, permission from the trustees will be needed if a minor lived in the apartment at the time of its privatization, but was not included among the owners. Guardianship authorities check whether the child’s property rights have been violated. By law, a minor must necessarily participate in the privatization of housing at the place of permanent registration. To make it easier to sell real estate in the future, some parents use tricks: on the eve of registering ownership of the apartment, they “register” their child with their grandparents. In such cases, the guardianship authorities give permission for the transaction only when the child already has other property or can participate in privatization where he lives. The consent of guardianship and trusteeship is also necessary when exchanging municipal housing in which a teenager lives, dividing shares in an apartment privatized into common joint property, etc.
State registration
The purchase and sale agreement for residential premises is signed on behalf of a child under 14 years of age by a legal representative, who must also sign an application for state registration and submit other necessary documents for registration. If the child is between 14 and 18 years old, then he signs the contract and submits documents for registration independently.
Documents submitted for state registration:
- statement; – identification documents (passport for persons over 14 years of age, birth certificate for persons from 14 to 18 years of age, documents confirming the powers of guardians and trustees, etc.); – receipt for payment of state duty; - contract of sale; – cadastral passport; – title documents for the apartment; – permission from the guardianship and trusteeship authority to dispose by legal representatives of the property of persons under fourteen years of age; – written consent of parents, adoptive parents or guardian to make a transaction for minors aged fourteen to eighteen years; – permission from the guardianship and trusteeship authority for legal representatives to give consent to minors aged fourteen to eighteen years to dispose of property; – a document confirming the right of a minor aged fourteen to eighteen years to dispose of property without the consent of legal representatives (a decision of the guardianship and trusteeship authority or a court recognizing the minor as fully capable (emancipated), a marriage certificate for a minor); – an agreement on the transfer of a child to a foster family, concluded by the guardianship and trusteeship authority and the foster parents. And such a situation... The consent of the guardianship authority is also necessary for such transactions with the property of a minor: – donation of real estate owned by a minor; – pledge of real estate, the owner of which is a minor; – leasing or leasing, for free use of real estate of a minor; – exchange of property of a minor; – refusal of pre-emptive purchase of a share; – division of the minor’s property; – refusal of inheritance; – allocation of a share from the property of a minor; – other transactions entailing a decrease in the minor’s property.
It is necessary to distinguish a transaction for the sale of an apartment where the owner is a minor from the sale of an apartment where the child only has the right to use, that is, is not the owner. If the child is not the owner of the residential premises, then there is no need to apply to the guardianship authority for permission to sell. For example, an apartment belongs to a husband and wife, a child is registered in the apartment. In this situation, when selling a home, there is no need to visit guardianship and trusteeship officers. But if a minor who is under guardianship or trusteeship, or a child left without parental care, lives in the apartment being sold, and the sale of the residential premises will affect the interests of the child, then alienation is possible with the consent of the guardianship authority. In this situation, the interests of the child may suffer from the fact that he simply has nowhere to live. After all, when selling an apartment, everyone registered will have to be deregistered at their place of residence.
Things to remember:
– a guardian, trustee, their spouses and close relatives cannot enter into transactions with their ward. For example, parents cannot sell an apartment to their minor child, just as they cannot buy an apartment from a child. But parents or other legal representatives have the right to donate an apartment to a minor or transfer real estate and other property for free use; – transactions made by minors under fourteen years of age are void, but in the interests of a minor, a transaction made by him may, at the request of his parents, adoptive parents or guardian, be recognized by the court as valid if it was made for the benefit of the minor; – a transaction made by a minor aged fourteen to eighteen years without the consent of his parents, adoptive parents or guardian, in cases where such consent is required, may be declared invalid by the court at the claim of the parents, adoptive parents or guardian; – the Family Code of the Russian Federation enshrines an important rule, according to which a child does not have the right of ownership of the parents’ property, and parents do not have the right of ownership of the child’s property. That is, if, say, the parents divorce, the child remains with the mother. In court, jointly acquired property is divided, including an apartment - it will be divided only between the father and mother, since only these two persons are the owners of the residential premises. As a general rule, the shares of each spouse are recognized as equal, but the court has the right to deviate from the beginning of the equality of the spouses’ shares in their common property based on the interests of minor children; – if parents rent out a child’s living space, then this requires the consent of the guardianship and trusteeship authority. We should also not forget that on income received from renting out property, it will be necessary to pay personal income tax in the amount of 13%, and the responsibility for filing a tax return lies entirely on the shoulders of the child’s legal representative.
To make a decision on the disposal of a minor’s real estate (purchase and sale, exchange, donation, rental, pledge, etc.), parents (legal representatives) of minors under the age of 14, minors who have reached the age of 14, acting with the written consent of parents (legal representatives), guardians (trustees) with an application and provided originals and copies of documents:
— certificate of state registration of rights to real estate; — technical (cadastral) passport, BTI certificate on the cost of residential premises; — certificate of registration and family composition; — a single housing document; -copies of the above documents for the purchased housing; - when leaving for another city - permission to register from the department of internal affairs of this city, a preliminary contract of purchase and sale, exchange and assessment of residential premises at market value; - a statement from citizens who are the owners of the residential premises purchased by the applicants confirming the readiness to sell the apartment to the applicants. — call, visa (when traveling to another state); — child’s birth certificate, passport of a minor aged 14 to 18 years; — passports of parents (legal representatives), guardians (trustees); — a certificate from the tax office confirming the presence (absence) of a debt to pay real estate tax; — extract from the Unified State Register.
If necessary, the specialist has the right to request other documents necessary to resolve the issue on the merits, and to conduct an examination of the alienated and acquired housing.
WITHDRAWAL OF MONEY
FROM THE CURRENT ACCOUNT OF A MINOR To
the Head of Administration of the Sviblovo Municipal District
I.S. Markina
from gr.________________________________ ________________________________ date of birth__________________________ place of birth_________________________________ ________________________________ passport_______________________________ issued________________________________ ________________________________ date of issue__________________________ Registration address at the place of residence______ _______________________________ Address of actual residence___________ ______________________________ Telephone home.__________________________ Telephone mobile__________________________
STATEMENT
I request permission to withdraw funds in the amount of _________________________ amount in figures
___________________________________________________________ rubles
amount in words
with interest due and compensation from current account No. _________________________________, opened in OSB No. _____________ in the name of my minor son (daughter) ________________________ Full
name, date of birth in full
________________________________________________________________, registered at the address: _____________________________________
the registration address is indicated
in connection with _______________________________________________________________
the reason for the withdrawal of funds is indicated
I undertake, within the one month period established by law, to provide to the guardianship and trusteeship department of the Sviblovo municipality in the city of Moscow copies of documents confirming how the funds were spent.
Date Signature
LIST OF DOCUMENTS PROVIDED
1. A copy of the minor child’s birth certificate. 2. An extract from the house register and a copy of the financial and personal account at the place of registration of the minor (originals). 3. A copy of the savings book. 4. A copy of the certificate of the right to inheritance according to the law (will). 5. Statements from parents and children over 14 years of age (written in the presence of a specialist from the guardianship and trusteeship department).
All copies of documents must be presented with the original or certified by a notary.
Is it possible to buy real estate for a person under 18 years of age?
Currently, parents have the right to purchase real estate for their children who are under 18 years of age . The right of ownership in terms of acquiring and owning property is not limited by the age of citizens. This is a completely legal right that is granted to citizens of the Russian Federation in accordance with the provisions of Article 35 of the Constitution of the Russian Federation and Article 17 of the Civil Code of the Russian Federation.
The only restriction for persons under legal age is the procedure for registering real estate (Article 128 of the Civil Code of the Russian Federation).
The problem is that you not only need to buy an apartment, but also go through the registration process, in accordance with the provisions of Article 131 of the Civil Code of the Russian Federation and Federal Law No. 218 of July 13, 2015.
Therefore, the procedure must be organized so that the entry of the transaction and the inclusion of the minor in the register of owners takes place in accordance with all the rules.
You can find out what you need to know when purchasing here.
How does the state help protect children's property?
After purchasing housing, the owner is assigned his property rights. Violating them is illegal; their safety is monitored by the guardianship and trusteeship authorities. In case of alienation of acquired real estate, the transaction will require permission from the guardianship and trusteeship authorities.
In this case, the seller is obliged to submit a report to the regulatory authority that the money received from the sale of the home is deposited in the bank in the name of the former owner. Either they purchased equivalent real estate, or an apartment (house) with improved characteristics. Such actions are required only in case of alienation, and when registering the purchase and sale of an apartment, permission from the guardianship authorities is not required.
In addition, the law prohibits:
- Property transactions with a legal representative.
- Gratuitous alienation of property of a minor.
Mortgage apartments registered in the name of children, in case of debt, are not subject to seizure if debt obligations are not fulfilled, unless the guardianship authorities have given their consent (we talked about how to buy an apartment on a mortgage in this article.) And in the event of a divorce of spouses, they are not subject to division, since they are extracted from jointly acquired property.
