The allocation of children's share in the apartment may be determined by law or the wishes of the parents. Regardless of the circumstances, registration of a share in an apartment for a child will take place according to the established algorithm. Any changes in shares are controlled by the trusteeship authorities. In order to avoid making mistakes when registering shares in apartments for children, we recommend involving professional lawyers in this process.
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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.
According to the current legislation of the Russian Federation, a child is a person who has not reached the age of eighteen years (the age of majority) (Article 54 of the Family Code of the Russian Federation).
From the moment of birth, a person acquires by law the ability to have rights
and bear
responsibilities (legal capacity).
Legal capacity
citizen - the ability to have civil rights and bear responsibilities. The legal capacity of a citizen arises at the moment of his birth and ends with death (Article 17 of the Civil Code of the Russian Federation).
However, the real exercise of rights and responsibilities is possible only as the child grows up.
Capacity
citizen - the ability of a citizen, through his actions, to acquire and exercise civil rights, create civil responsibilities for himself and fulfill them (Article 21 of the Civil Code of the Russian Federation).
Every year the capacity
increases and becomes complete by the age of 18, when each person
becomes an adult.
Age: from 0 months to 6 years.
The child is incompetent
, this is explained by the fact that the child, due to his young age, cannot understand and be responsible for his actions.
Has an inalienable right to life (Article 6 of the UN Convention on the Rights of the Child, Part 1 of Article 20 of the Constitution of the Russian Federation).
Acquires the right to citizenship (Article 7 of the UN Convention on the Rights of the Child).
Has legal capacity
according to civil law (Article 17 of the Civil Code of the Russian Federation).
Has the right to a first name, patronymic and last name (Article 7 of the UN Convention on the Rights of the Child, Article 58 of the Constitution of the Russian Federation).
Has the right to live and be raised in a family, to know his parents, to receive from them protection of his rights and legitimate interests (Articles 9, 12 of the UN Convention on the Rights of the Child, Article 54 of the Family Code of the Russian Federation).
The right to use the most advanced health care services and means of treating illnesses and restoring health (Article 24 of the UN Convention on the Rights of the Child).
A bank account may be opened in his name.
Has the right to attend preschool educational institutions (Article 67 of the Federal Law “On Education in the Russian Federation”).
All transactions in his interests are carried out by his parents or legal representatives (Article 28 of the Civil Code of the Russian Federation).
Age: from 6 years to 14 years
The child has partial legal capacity
, that is, he cannot make all transactions, but only those that he needs every day, that is, small household transactions. This means that he can buy any products, stationery, and other things and items in the store. It can also make transactions aimed at obtaining benefits that do not require notarization or state registration. If he cannot conclude a deal, his parents, adoptive parents or guardians can act on his behalf.
Parents, adoptive parents or guardians bear property liability for his transactions, including transactions made by him independently, unless they prove that the obligation was violated through no fault of theirs.
Age 6 years.
From the age of 6 years 6 months, a child has the right to attend school (upon the application of parents, adoptive parents or guardians and with the permission of the founder of the educational institution, he can begin education at an earlier age) (Article 43 of the Constitution of the Russian Federation).
He has the right to independently conclude:
- small household transactions;
- transactions aimed at obtaining benefits free of charge, which do not require notarization or state registration;
- transactions for the disposal of funds provided by legal representatives
(Article 28 of the Civil Code of the Russian Federation).
Age 8 years.
A child can join children's public associations (Article 19 of the Law “On Public Associations”).
From this age, responsibility begins in the form of placement in a special open-type educational institution (Article 15 of Federal Law No. 120 “On the fundamentals of the system for the prevention of neglect and delinquency by minors”)
Age 10 years
From this age the child:
Gives consent to change his first and last name (Articles 59, 134 of the Family Code of the Russian Federation);
Gives consent to his adoption or transfer to a foster family, or to the restoration of the parental rights of his parents (Article 132 of the Family Code of the Russian Federation).
You have the right to express your opinion when resolving any issue in the family that affects your interests (Article 57 of the Family Code of the Russian Federation).
The right to be heard during any judicial or administrative proceedings (Article 57 of the Family Code of the Russian Federation).
Age 11
Responsibility comes in the form of placement in a special closed educational institution for children and adolescents (special school, special boarding school, etc.) with deviant (socially dangerous) behavior (Article 22 of the Federal Law “On Education in the Russian Federation”, Article 15 of the Federal Law Law No. 120 “On the fundamentals of the system for the prevention of neglect and juvenile delinquency”).
Age: from 14 years to 18 years
Legal capacity of a minor:
he has already gained some life experience, he can be aware of and responsible for his actions. Therefore, the law gives him the right to independently manage his earnings, stipends and other income, and to make small household and some other transactions. He can make deposits with credit institutions. He can also 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. He can carry out other transactions with the written consent of parents, adoptive parents, and guardians.
Age 14
From this age, a minor is required to have a passport of a citizen of the Russian Federation (Resolution of the Government of the Russian Federation “On approval of the regulations on the passport of a citizen of the Russian Federation”).
From this age, he gives written consent to renounce citizenship of the Russian Federation together with his parents (Article 9 of the Law “On Citizenship of the Russian Federation”).
Can choose his/her place of residence (with parental consent).
He can independently go to court to protect his rights and interests (Article 56 of the Family Code of the Russian Federation).
With the written consent of the parents (adoptive parents or guardians), he has the right to make any transactions (Article 26 of the Civil Code of the Russian Federation).
The right to dispose of his earnings, scholarships and other income (Article 26 of the Civil Code of the Russian Federation).
May 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 (Article 26 of the Civil Code of the Russian Federation).
Has the right to change his name, surname and patronymic (Article 58 of the Federal Law “On Acts of Civil Status”), but only with the consent of his parents.
Has the right to make deposits in credit institutions and dispose of them (Article 26 of the Civil Code of the Russian Federation).
It is allowed to enter work to perform light labor that does not cause harm to health during free time from study, subject to the following conditions:
- be a student;
- work is performed only in free time from study and does not interfere with the learning process;
- the consent of the parent (legal representative) and the guardianship authority has been obtained (Article 63 of the Labor Code of the Russian Federation).
Has the right to demand the cancellation of adoption (Article 142 of the Family Code of the Russian Federation).
Has the right to drive a bicycle while driving on the roads.
Can join youth public associations (Article 19 of the Law “On Public Associations”).
It must be remembered that:
From this age, a minor independently bears property liability for transactions made by him (Article 26 of the Civil Code of the Russian Federation).
Subject to criminal liability for certain crimes (Article 20 of the Criminal Code of the Russian Federation):
- murder;
- intentional infliction of grievous bodily harm;
- intentional infliction of moderate harm to health;
- kidnapping, rape;
- sexual assault;
- theft;
- robbery;
- robbery;
- extortion;
- unlawful taking of a car or other vehicle without the purpose of theft;
- intentional destruction or damage to property under aggravating circumstances;
- terrorist attack;
- hostage taking;
- knowingly false report about an act of terrorism;
- aggravated disorderly conduct;
- vandalism;
- theft or extortion of weapons, ammunition, explosives and explosive devices;
- theft or extortion of narcotic drugs or psychotropic substances;
- rendering vehicles or means of communication unusable;
- encroachment on the life of a statesman or public figure;
- attacks on persons or institutions enjoying international protection;
- act of international terrorism.
Age 15 years.
At this age, the child has the right to agree or disagree to medical intervention (Article 54 of the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation”).
Has the right to enter into an employment contract to perform light work that does not cause harm to health if:
- received general education;
- continues to master the general education program in a form of education other than full-time;
- left a general educational institution before receiving a general education with the consent of the parent (legal representative), the commission for minors and the protection of their rights and the local education authority (Article 63 of the Labor Code of the Russian Federation).
Age 16 years.
A minor can be declared fully capable (emancipation) if he works under an employment contract, including a contract, or, with the consent of his parents, adoptive parents or guardian, is engaged in entrepreneurial activities (Article 27 of the Civil Code of the Russian Federation).
May be a member of a cooperative (Article 26 of the Civil Code of the Russian Federation).
Has the right to drive a motorcycle, scooter and other motor vehicles.
Has the right to conclude an employment contract (you can work no more than 35 hours a week) (Article 92 of the Labor Code of the Russian Federation).
Can get married, but if there are good reasons (pregnancy, birth of a child) and with the permission of local governments (Article 13 of the Family Code of the Russian Federation).
Having reached this age, you need to know and remember that:
from this moment the minor is subject to administrative liability; bears criminal liability for any crimes.
There is an obligation for young men to undergo training in the basics of military service (Articles 8, 13 of the Law of the Russian Federation “On Military Duty and Military Service”).
Age 17
Young men have an obligation to register for military service (pass a commission at the military registration and enlistment office and receive a registration certificate) (Article 9 of the Law of the Russian Federation “On Military Duty and Military Service”).
So, the child is 18 years old!
Congratulations! Now he is an adult, which means that he becomes fully capable and can, through his actions, acquire any rights and impose any obligations on himself.
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.
Design methods
The type of property and the method of acquiring it determine the algorithm of registration actions. In addition to legitimizing transactions, it is important to take into account the obligation to register real estate in the state register on the basis of Article 131 of the Civil Code of the Russian Federation .
There are several ways to legitimize a child’s right to an apartment.
Privatization of the object
The participation of a child in privatization is the simplest option for legalizing property rights. The housing stock of our state still has many real estate properties owned by the municipality, in which people live on the basis of a rental agreement.
As a general rule, the special legislative procedure for privatization is carried out in equal proportions for all family members, including minor children. That is, the child is automatically vested with property rights.
If parents want the entire apartment to be privatized for their child, they write a special statement renouncing their shares in favor of their son or daughter. This is the only way for children to become full-fledged actual owners of all square meters.
Purchasing an apartment
Buying a home for a child is the most popular and common option. Real estate has traditionally been considered the best way to invest and keep your money safe. The registration procedure is standard: certification of the contract by a notary and registration of ownership with the competent authority.
The main difference is the status of the child. From the age of 14, children can sign the contract themselves if they have received appropriate permission from their legal representatives (parents). That is, a regime of special legal capacity is in effect. Until the future owner turns 14, all transactions are carried out by legal representatives.
Important! If new property is purchased with funds received from the sale of property in which this child previously lived, permission from the guardianship and trusteeship authority is required to complete the transaction.
Acceptance as a gift
Parents or other persons can notarize a deed of gift for a child. To do this, it is enough for the apartment owner to contact a notary and express the corresponding desire. A mark is made on a special form in the notarial accounting documents and a title document is issued - a gift agreement indicating the new owner.
To accept a gift of property, it is mandatory to obtain consent from children who have reached the age of 14, or at a younger age from their parents (official representatives). Obtaining registration documents is also mandatory. Only in this format will the transaction be considered valid.
An undeniable advantage over other forms of legalization is the absence of the obligation to pay tax if parents are the donors. The guardianship and trusteeship authorities should not be present during the transaction. This is explained by the lack of need to compare previous and acquired living conditions.
Inheritance
To ensure the transfer of property to the child, parents resort to drawing up a will. This option allows you to protect yourself from claims to the apartment by other relatives of an identical line of inheritance (if they do not have the right to a compulsory share).
The registration procedure involves contacting a notary office. It is important to remember that the testator can cancel or change the contents of the document at any time. Inheritance, and therefore the transfer of property rights to a child, can only occur in the event of the death of the testator. This format is often used by grandparents in an effort to provide housing for their grandchildren and at the same time “circumvent” the legal claims of others.
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.
In what cases is it beneficial to make a minor the owner?
When registering an apartment for their child, parents often pursue the following goals:
- provide the offspring with their own housing in the future;
- remove the apartment from the jointly acquired property;
- exclude other family members from the heirs;
- save on taxes;
- avoid foreclosure on the apartment by creditors in the event of default on loans or refusal to fulfill obligations.
Parents who are puzzled by this problem should know that their child, along with adults, has the right to take part in resolving various legal issues, including being the owner of real estate. To achieve this, current legislation provides for several legal methods.
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.
Legal basis
Whether a minor child can be the owner of an apartment depends on the parents and his other representatives, since this is not prohibited by law. On the territory of the Russian Federation, children have equal rights with adults. Despite this, they cannot automatically be considered the owners of real estate owned by their parents. Registration in an apartment or house gives only the right to reside
In what cases can a person who has not yet turned 18 be the owner of a residential property:
- purchased and registered in his name;
- donated;
- after privatization;
- received by inheritance.
When registering housing for a minor, you should take into account age differences:
- minors - up to 14 years old (Article 28 of the Civil Code of the Russian Federation);
- teenagers – those who are 14-18 years old (Article 26 of the Civil Code of the Russian Federation).
Each category has different rights. The former are considered incompetent (incapable of realizing their interests and making independent decisions), so they do not participate in the transaction. Authorized representatives act on their behalf.
Those who have turned fourteen have the right to participate in the procedure for purchasing an apartment - to sign the contract. The restrictions are that written approval for such actions must be obtained from adult representatives.
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.
Reasons for the decision
Parents come to the conclusion that it is necessary to register an apartment for their child for various reasons, some of which cannot be called appropriate. Common situations:
- The apartment is transferred into the ownership of the child in order to ensure his future and be guaranteed to provide living space. The advantage of this choice is the confidence that, regardless of the circumstances, the child will be the owner of his own property.
- The desire to remove a property from the regime of joint ownership of spouses. This is a way to prevent the division of an apartment in the event of a possible divorce, since only common property can be divided.
- The desire to save the apartment. For example, in situations where a large loan is taken out from a bank and there is a fear of foreclosure on the apartment in the future if debt arises.
- Distrust of parents or one of them on the part of grandparents and other relatives who seek to provide for the child.
Despite the advantages and legal tricks, each of these motives gives rise to a significant difficulty - a significant restriction of the right to dispose of property on behalf of a minor. If you intend to sell, exchange or donate an apartment, you will definitely need permission from the guardianship and trusteeship authority, which monitors the interests of the child.
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.
What does the law say?
The powers regarding the triad of property are enshrined in Article 35 of the Basic Law of the state. This norm is echoed by the provision of Article 17 of the Civil Code of the Russian Federation , according to which civil rights are equally recognized for all individuals from their birth.
Minors are classified into two categories:
- Minors under 14 years of age. They are considered incompetent, therefore they can acquire real estate ownership only through their legal representatives, who are parents, adoptive parents, guardians, who sign the agreements.
- Citizens aged 14 to 18 years who belong to the category of citizens with limited legal capacity and can sign agreements, but only with the consent of their legal representative. The exception is cases of marriage before the age of 16 or emancipation of minors, the consequences of which are the acquisition of full legal capacity.
The supervisory authority is guardianship and trusteeship, which is agreed upon. Thus, each child can become a full owner of the apartment. There are no restrictions at the legislative level, which corresponds to the provision of Article 128 of the Civil Code of the Russian Federation on the possibility of owning any property that is legal.
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:
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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
Required documents
To conduct a transaction for the purchase of real estate in which a minor citizen participates, it is required to collect the following documents:
- child's birth certificate or passport;
- passports of representatives;
- paper confirming ownership of the apartment;
- technical and cadastral passport for the alienated living space;
- documentary justification for the transfer of real estate into the child’s ownership (contractual agreement for purchase and sale, deed of gift, will);
- an application for registration of property rights signed by the child or an authorized person;
- an extract on the number of registered people in the apartment;
- receipt of transfer of state duty in the amount of 2000 rubles.
Advice! This is an indicative list of documents. It is recommended to find out a more accurate list in advance at Rosester or MFC points.
