Under the law, a minor formally has the same rights and obligations as an adult.

However, due to his age and lack of everyday experience, he cannot always adequately assess the consequences of his legally significant actions.

Therefore, the child can exercise his rights only under the control of parents or guardians..

Under the age of 14, he does not have the right to sign any documents at all. All actions for him and in his interests are performed by legal representatives.

From 14 to 18 years old, a minor signs all documents on his own, but an adult must sign next to him, assuring that the interests of his ward are not infringed.

All these provisions are enshrined in such legislative and regulatory acts as:

In addition, on the territory of the constituent entities of the Russian Federation, their own regulations may be adopted that control the observance of the rights of the child by all participants in the transaction.

The complexity of such a deal

How is the sale of an apartment with a registered minor child?

If the child is only registered in the apartment and is not its owner, then there are much fewer difficulties with the alienation of living space.

In this case, it is not even necessary to contact the guardianship authority, since no one encroaches on the property rights of a minor.

If the baby is not discharged, then during the sale he retains his right to live in the apartment, which, of course, is inconvenient for the buyer.

Buying an apartment with registered minor children entails a lot of difficulties. Agree, if you bought an apartment with a registered minor child and he has the right to live in your territory, there is little pleasant in this.

Therefore, the main task of the participants in the transaction is to extract the child from the apartment. This is carried out at the request of the father or mother at the passport office or at the migration service department.

Possible complications can be:

• parents who do not want to discharge the baby from the living space - they will have to be convinced of this, perhaps they themselves will make some concessions, for example, increase the rent;
• employees of the Federal Migration Service who refuse to discharge the child "to nowhere" - he must be registered with his mother or father, so it will not be possible to deregister one baby;
• registrars who refuse to register a minor at a new place of residence - until he reaches the age of 14, he must be registered with his parents;
• if they try to “settle” the baby with strangers (even if they are their own grandparents), then the refusal is quite legitimate.

Only after carefully checking the situation, you can buy an apartment where a minor child is registered.

Obtaining Parental Consent

If the owners of the apartment are mom and dad, and the children are only registered in the living space, then there should be no problems with their discharge.

The only thing you need is to get the consent of the legal representatives for the extract.

In most cases, written confirmation is sufficient..

In addition, the owners usually try to write the children out of the apartment at the stage of pre-sale preparation, so as not to embarrass potential buyers.

This is possible if the child has reached the age of 14 and there are other relatives. If the baby has not yet reached the age of 14, then it can be prescribed only with one of the parents.

Sometimes a problem of another plan arises in obtaining consent: the father and mother of the baby are divorced.

There are complications:

• the second parent cannot be found;
• the parent does not give consent to the discharge;
• father and mother cannot agree on the future place of residence of their child.

In the first case, you will have to file a search with the police and file it through the court as a missing person. If he shows up and refuses to give consent (or ignores the request), then you will either have to negotiate with him or go to court to deprive him of parental rights.

When is it necessary to apply to the guardianship authorities?

An appeal to the guardianship authorities will be required without fail if the minor is not only registered in the living space, but is also its owner.

In this case, selling an apartment with a registered child becomes much more difficult.. You will definitely need to provide the baby with the same share in another living space owned by the parents.

Most often, so-called “alternative transactions” are carried out - the simultaneous purchase and sale of two apartments. In other words, the family is selling their old home and buying a new one.

It is necessary to comply with such rules:

• living conditions in a new apartment (or house) should not be worse than in the previous place of residence;
• the share of the baby should not be less either in percentage terms or in terms of footage;
• housing must be completed and recognized as habitable.

In rare cases, it is allowed for a child to be allocated a share not in the apartment being purchased, but in another, already owned by the father or mother.

Appeal to the guardianship authorities will also be required in cases where it is difficult to extract the baby from the apartment, for example, if one of the child's representatives prevents the transaction.

We hope now it has become clear to you whether it is possible to sell an apartment if a minor child is registered?

Is it possible to discharge a baby "to nowhere"?

Answering the question: how to sell an apartment with a registered child, it is worth talking separately and about where he can be discharged.

Sometimes parents agree to the transaction, but cannot do this by virtue of the law.

This happens if their child has not reached the age of 14. In accordance with article 20 of the Civil Code, minors must live with their legal representatives.

Moreover, they must be provided with a place of residence, i.e. writing them out "to nowhere" will not work.

Children after 14 years of age also cannot be discharged “to nowhere”, but they can be registered at the place of residence of relatives.

Therefore, the father or mother will have to check out of the apartment even before the registration of its sale. Then he can immediately "rewrite" the place of residence of the children, or agree to change the place of their registration.

Article 20. Place of residence of a citizen

1. The place of residence is the place where a citizen permanently or predominantly resides. A citizen who informs creditors, as well as other persons of information about another place of his residence, bears the risk of the consequences caused by this.
2. The place of residence of minors under fourteen years of age, or citizens under guardianship, is the place of residence of their legal representatives - parents, adoptive parents or guardians.

The scheme is difficult if an alternative transaction is being made, and the parents do not have a place where they will register at the time of registration of all documents.

Naturally, the current owners of the apartment being sold are unlikely to agree to register an adult and a child in their living space before signing the contract of sale.

Registration of the sale

How to sell an apartment where a minor child is registered and arrange everything as correctly as possible? As a rule, they try to write out minor children from the apartment even before the start of the transaction.

However, if there are no options for their separate registration, then the following procedure is possible:

• conclusion of a preliminary contract, execution of missing papers;
• extract of one of the parents from the apartment and his registration at a new place of residence;
• signing a sale and purchase agreement, submitting documents for state registration;
• discharge of the rest of the family members from the apartment and registration at a new address;
• transfer of money in accordance with the contract;
• obtaining new certificates of registration of property rights.

If the child has reached the age of 14, then he can be discharged “to nowhere” along with his legal representative (father, mother or guardian), and the need for paragraph 4 is no longer necessary.

At a new place of residence, you must register within 10 days, otherwise the FMS will impose a fine on each family member.

Thus, the procedure for extracting a child from an apartment for sale is not particularly difficult if all parties are unanimous in their decision.

And the question of how to sell an apartment if a child is registered there can be answered unambiguously - only by observing all the requirements of the law.

Difficulties arise if one of the legal representatives of the minor does not give his consent, or if the baby is the owner of the apartment. In this case, buying an apartment with registered children can entail a lot of difficulties for the buyer, although the sale of an apartment where a minor child is registered is feasible.

Good afternoon. I am declared insolvent (bankrupt), I have a mortgage on housing, the only one in which a minor child is registered. The bank has not entered the register of creditors, and has not yet entered the register. Can I apply to the court to exclude this housing from the bankruptcy estate, since the bank has not entered the register, and for me and the child this is the only housing. What consequences?

The fact that the mortgage housing is the only one and a minor is registered in it does not give you any right to demand that this property be excluded from the bankruptcy estate. Mortgage housing is sold in the bankruptcy of a citizen in order to meet the requirements of the secured lender. If the bank that issued the mortgage loan does not enter the register before the end of bankruptcy, then housing will not be sold. And then the mortgage debt will be written off in full, and the housing will remain with you.

Yet. on the forum about bankruptcy Topic: Withdrawal of a mortgage apartment from the bankruptcy estate

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In everyday life, there are various situations related to problems regarding money. Most Russian citizens under the circumstances apply for a loan from banks at interest. When issuing a large amount, banks require a mortgage from the borrower as a guarantee. And, as a rule, living space becomes a mortgage. But legal acts have introduced restrictions that may complicate the processing of borrowed funds.

General concepts

In accordance with their instructions, such transactions are carried out under the control of the guardianship and guardianship body, which is engaged in ensuring the protection of the rights and interests of children who have not reached the age of majority.

Ensuring the safety of the property rights of a minor child is entrusted to the guardianship and guardianship authority by the state, therefore, any changes in the legal status of living space must be agreed with it.

Legislative acts contain a list of transactions that are mandatory agreed with the specified body.

The list includes transactions:

Indicators	Description
living space	which belongs to a minor child or he has a share in the ownership
Exchange of living space	to other housing for any reason, usually to improve housing conditions
Pledge of living space	including registration, if he is registered in it or is its owner including registration of a loan, mortgage lending, if he is registered in it or is its owner
living space	to which he has
, rent	gratuitous use of the living space of a minor child
property	minor child to another housing
Refusal to buy a share	to which the child has priority
	minor child
Cancellation	if he got it by
Allotment of a share	from the property of a minor child
Refusal to take part in living space	where he lives with his parents
Other types of transactions	as a result of which the property of a minor child is reduced

Children who have not reached the age of majority, according to the provisions of legal acts, are divided into age groups:

The interests of young children are ensured by their legal representatives, that is, their parents or persons replacing them.

Children, upon reaching the age of 14, are granted certain rights that allow them to participate in transactions by expressing consent in writing. According to generally accepted rules, at this age they are issued a passport proving their identity.

In doing so, they are entitled to:

But they are allowed to exercise their rights only with the consent of their parents, which is in writing.

It must be certified in a notary's office in the prescribed manner. Moreover, they do not need to obtain permission from the guardianship and guardianship authority to complete the transaction.

A Russian citizen, including children who have not reached the age of majority, is obliged to be, according to legal acts.

But the registration of children due to their minority is carried out at the place of residence of the parents or one of them replacing them, as noted in the Civil Code, the Housing Code.

Parents are required to register their children, otherwise they may be brought to administrative action.

What it is

The bank issues two types of loans secured by property:

In unforeseen situations related to the return of the loan, the bank has the right to apply to the judicial authority with a statement of claim.

In the first case, in most cases, he satisfies the requirement of the bank. And in the second case, lawsuits are dragged out, the bank loses the guarantee for the return of its funds, because its decision is often made in favor of the borrower.

In order to get a loan, some citizens register the child in another place, for example, with relatives or in another residential area, which is the property of the second parent in accordance with the rules of the Administrative Regulations of the Federal Migration Service.

It is better for the borrower to contact the bank with the collateral so as not to lose it if he cannot repay the loan. Many banks satisfy the request of their borrowers.

When restructuring, the bank extends the term for making payments, which reduces the amount of payments payable every month.

Some banks provide for their customers a "grace" period for making loan payments, which are called credit holidays.

Interest is paid on the loan during this period. At the end of the term, you can continue to repay the principal amount of the loan and interest accruals.

Where to go

A person who wishes to take a loan must first of all write an application to the guardianship and guardianship authority, provide the documents required in such cases.

It is written in any form, a sample of writing an application can be viewed on specially equipped stands, where completed examples are posted.

The following shall be submitted to the body of guardianship and guardianship:

• parents' passports;
• Marriage certificate;
• birth certificate of the child;
• from the place of residence with indication of registration.

If the child has reached the age of 14, then an official paper must be submitted to the guardianship authority along with the documents, where he expresses his consent.

Pledge of an apartment with registered minor children

The interests of the bank often contradict the interests of the guardianship and guardianship authority, therefore it causes complications when making transactions with an apartment where a minor child is registered.

But when deciding to take a loan, it is necessary to analyze all options for the development of events so as not to end up in unpleasant situations.

In the real estate market, a situation is not uncommon when a buyer discovers that a stranger is registered in the purchased premises. This circumstance does not entail the cancellation of the contract of sale, but gives the registered person the right to live in the apartment. In most cases, such a person can be forcibly discharged through the courts, but how easy it will be to do this depends on the category of the registered person. What actions should be taken in such a situation.

If an adult person who has no rights to it remains registered in the apartment, then you just need to file a lawsuit for forced deregistration. The courts in this case take the side of a bona fide purchaser, so no problems should arise. However, if a minor is registered in the apartment, or a person who, by virtue of a testamentary refusal, has the right to use the apartment, or a person who has refused privatization in favor of other persons, then difficulties may be encountered.

If a child is registered in the apartment, then you need to make sure that he did not have rights to a share in the apartment. In this case, the permission of the guardianship and guardianship authorities is required to complete the transaction, otherwise it can subsequently be canceled. If there was no share, then the extract of the minor will have to be carried out with re-registration at the place of residence of his parents. At the same time, the child must be provided with conditions that are no worse than those available in this room. A child left without guardianship and guardianship can be discharged only with the consent of the authorized bodies, but they will not give such consent if there is nowhere to discharge him.

Difficulties may also arise if a person is registered in the apartment who has received the right to use the residential premises by way of a testamentary refusal. In this case, you will either have to obtain the consent of the tenant to be discharged (usually this is resolved by providing monetary compensation), or go to court with reference to paragraph 2 of Art. 35 of the Housing Code of the Russian Federation. It is possible to deregister a citizen, according to this provision, if he systematically violates the rights and legitimate interests of persons living with him. In this case, you will have to prove that your rights have been violated.

The contract of sale must contain a clause that specifies the number of persons registered in the apartment - if its content turned out to be untrue, then this is a direct violation of the contract. You can contact the seller with a demand to terminate the sale and purchase agreement and return the money paid, but in practice this is not the most attractive option - not everyone will agree to return the money, and it is not so easy to recover it in court. Even if there is a court decision and a writ of execution, it will be very difficult to get your money if the owner no longer has it.

You will not be able to discharge from the apartment citizens who were registered in the premises at the time of privatization, but did not participate in it. They retain the right to use the premises. Therefore, be especially careful if you purchase an apartment that has been privatized. Also, it is impossible to forcibly remove from the register a person who is the recipient of annuity under a life maintenance agreement with a dependent.

To avoid such situations, you should check in advance the presence of persons registered in the apartment. It is best to ask for an extract from the house book, which will show both those who are registered in the apartment at the moment and those who were previously registered in it. If you have any doubts, then you can demand an extended extract - the owner of the premises will have to provide it to you. Carefully check these data before signing the sales contract, and even better - before signing the preliminary contract. In the preliminary contract, also indicate that no registered persons should remain in the apartment until the transaction is completed.

Many mortgage recipients are new parents, and at first glance it seems that they should be given a mortgage in priority order. However, in reality, banks may not issue a loan without the consent of the guardianship and guardianship authorities.

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And even with the consent of guardianship, banks do not always approve the loan, since selling an apartment owned by a minor is much more difficult than ordinary housing.

Difficulties for loan recipients arise if the collateral is an apartment owned by a minor citizen.

Even the buyer himself cannot guarantee his solvency throughout the entire lending period, because you can:

• To lose a job;
• get sick;
• get into a difficult financial situation.

Therefore, the guardianship and guardianship authorities cannot allow a minor child to be left without a roof over his head and are wary of issuing mortgages to spouses with young children.

Legislation

The issues of obtaining and paying out a mortgage loan are regulated from 1998. At the same time, Russian law prohibits mortgage transactions if the owner of the mortgaged property is a child.

According to Article 37 of the Civil Code of Russia, when selling the property of a minor citizen or renouncing the right of ownership, it is necessary to obtain consent from the guardianship and guardianship authorities.

Protection of the rights of the child

In practice, it is rather difficult to obtain the consent of the guardianship authorities, since employees carefully check each case and adhere to a principled position:

• often parents are denied a mortgage, because no one wants to take responsibility for the fate of a young child;
• this is explained by the fact that if the spouses are unable to pay the loan, their child may be without the necessary housing.

The peculiarity of the legislation on mortgages and minor children is that under no circumstances should a child permanently lose his property.

However, now there are some concessions in obtaining approval from the guardianship and guardianship authorities.

To do this, the borrower must offer to write on his own behalf an official receipt that if it is impossible to pay the loan and when selling the mortgaged apartment, he undertakes to purchase real estate from the money received from the sale to the minor homeowner.

Mortgages and minor children

A transaction involving a minor child and a mortgage is always shifting responsibility to the guardianship and guardianship authorities. If an apartment is involved in the contract, where the owner is a minor citizen, the consent of the authorities is a must.

This is complicated by the fact that the law does not have a clear basis for this case, so social workers make decisions based on their convictions.

Also, banking companies are reluctant to conduct mortgage transactions, where the collateral real estate is an apartment with a minor owner.

In the event of a disputable situation, it will not be easy to sell such property, because:

• the child cannot be evicted from there by law;
• the sale of part of the housing is accompanied by significant difficulties and does not compensate for all losses to the bank.

However, if a minor child is only registered in an apartment, then consent from the guardianship authorities is not required.

In addition, under the law, a minor citizen is limited in the disposal of property, and he can acquire housing only with the consent of his parents or legal representatives.

Possible problems

The main problems are the approval of the receipt of a mortgage by the guardianship authorities, and the banking company can also refuse the applicant directly.

Based on this, you should look for a certain way out of the situation.

Solutions

There are the following options:

1. It is best to think about possible difficulties in advance, namely before privatization. If a citizen plans to apply for a mortgage loan in the next few years, then a minor child should not be made the owner of the home. At the time of privatization, it can be temporarily registered with relatives or friends.
2. Not very profitable, but quite effective way. You can sell housing and buy a smaller property, making the owner of the child. And the money received from the sale should be used to make a down payment.
3. The most reliable solution to the problem is to use the services of a bank that issues property owned by a minor child. Of course, interest rates and lending conditions in such companies are more stringent, but this method allows you to get a loan quickly and without any problems.
4. It is also possible to provide bail on real estate, the owner of which is not a minor citizen, if there is one in the family.

Privileges

The good news is that the state provides certain for families where there is a young child:

1. helps parents get a deferment to pay the debt, but no later than the moment when the baby is three years old.
2. A special "Help for Young Families" involves the allocation of subsidies from the authorities to young parents. If the family has one or more children, then spouses can receive support in the amount of up to 40% of the cost of housing. Moreover, citizens can use this right only once, and the age of one of the spouses should not exceed 35 years.
3. Also, owners can pay them by writing an application to the Pension Fund. Favorable conditions for capital owners are offered by such banks as VTB 24, Sberbank, in addition, you can use a special program from AHML.

Design features

Before contacting the guardianship and guardianship authorities, the borrower should obtain consent from the banking organization.

For this you should:

• choose the property in which the citizen is going to live, and find a new owner for his former apartment;
• provide a full package of documents to the authorities and a written consent from the bank that a minor child is the owner of the home.

It should be noted that the procedure for registering a mortgage agreement is divided into several stages:

• registration of a contract of sale and allocation of a certain share to a minor;
• drawing up a mortgage agreement indicating the transfer of the apartment as a pledge to a banking company.

At the initial stage, the real estate seller must allocate part of the property to the minor, and only then will he be able to receive money for the apartment.

Not everyone agrees to make such a risky deal, so it is recommended to use the services of a professional realtor in order to arrange a mortgage with the maximum benefit for yourself.