How to expel a minor child from the owner’s apartment: when selling, to nowhere, without consent

Legislation

Children's rights are protected by many laws, both federal and international. This is understandable, because they cannot stand up for themselves, and in many cases their age does not allow them to make certain decisions.

The main regulations that regulate and protect the rights of children:

Constitution of the Russian Federation.
Family code.
Housing Code.
Orders, decrees of the President of the Russian Federation, which mention the specifics of the activities of institutions responsible for registration and deregistration.
UN Declaration on the Rights of the Child.

Features of the procedure

To discharge children under 14 years of age, you must submit an application to the guardianship authorities and send it to the territorial office. Visit this state. You need the authority with your passport, child’s birth certificate, and an extract from the house register.

Within 2 weeks, the documents are checked and a decision is made regarding permission to issue or refuse. Moreover, submitting deliberately false data does not make sense, because if after discharge it turns out that the rights of the minor(s) were violated, this procedure will simply be cancelled. To obtain an extract, you should contact the Federal Migration Service or MFC. You can also submit the necessary documents through the State portal. services. An application on behalf of children under 14 years of age is written by a parent or representative. It must be accompanied by a passport, consent received from the guardianship authorities, and a birth certificate. The departure form is filled out immediately. All you have to do is wait for de-registration, which can take up to 3 days.

Next, the child must be registered within the time period provided by law - up to 7 days. The following is submitted to the territorial body of the FMS:

Statement.
Parent's passport.
Departure sheet.
Permission from guardianship authorities.

Divorce of parents

Checking a child out of an apartment and registering him in a new home is a difficult task. The situation becomes more complicated if the parents decide to divorce. According to the law, such a situation should not affect the rights of a minor in relation to real estate and other areas (IC RF, Article 55). If, after a divorce, parents plan to deregister their child and register them in another property, they must take into account a number of points:

Is the child the owner of the property? This is important, because the involvement of minors in the issue of privatization is mandatory according to the requirements of Federal Law No. 1541.
Whether the person under 18 years of age was registered in a social accommodation.

To deregister a child from privatized or municipal housing, you should adhere to the following rules:

obtaining approval from the PLO;
Immediately after the discharge is issued, the child is registered with the mother (father) or an official representative (this condition is mandatory if the person is under 14 years of age).

In practice, the parent with whom the child does not live is interested in deregistering a child during a divorce. But it is worth considering that the registration of a minor with his father is excluded if, by decision of a judicial authority, he must live with his mother.

How to register a child

After the child is discharged, it is necessary to register him at his new place of residence. When choosing a suitable place, it is important to focus on the registration address of the parents or legal representatives (guardians, trustees). If the minor has reached 14 years of age, this requirement is not met.

A new place of registration is important when enrolling a child in kindergarten, enrolling in school, applying for government benefits or treatment in a hospital. When registering a child in connection with the registration of the mother (father), official guardian or guardian, it means that the approval of the residents is not necessary, and the parent owns the housing. If possible, a specific share in relation to the child should be determined. If, in the event of a move, the size of the living space decreases, the PLO authorities refuse, and it will not be possible to sell the property. If approval is received, parents have the right to register the minor (depending on the circumstances) in a room, apartment or house. In the last two cases, registration is allowed only in part of the premises.

The property is not privatized

If the apartment is not privatized, it may belong to the state or local authorities. This indicates that the parents and child live in the apartment under a social tenancy agreement. They do not have the right to sell or carry out other transactions with housing.

To register a child in such an apartment, you do not need to obtain the approval of others registered. The registration process is free. Children under 14 years of age are registered only in relation to the place of residence of their parents or other relatives.

Documentation

To remove the baby from the apartment, the approval of the OPP will be required. The paper is issued after studying the situation and documentation. In particular, a certificate from the house register, identity cards, personal account (copies), documents for the child and an application are submitted to the authorized body.

After submitting the specified papers, you must wait two weeks and, after receiving permission from the PLO, go to the FMS. You must have with you:

application for deregistration;
permission issued by the PLO;
passport of the parent (one or both) and documents for the child;
title papers for housing;
approval of the second parent (must be notarized);
court decision (if any);
disposal sheet with the information entered into it.

If a child is being discharged from a property that has not undergone the registration procedure, there is no need to visit the PLO and ask for their approval. The main thing is that the new living conditions do not deteriorate compared to the previous property.

Next, an application is drawn up on behalf of the child and submitted to the FMS. The application is accompanied by a registration certificate for the new housing, a passport, permission from a parent or judicial authority, and a disposal sheet. Up to 72 hours are allocated for the registration process. After this, the child is registered at a new place of residence.

To register in new housing, parents (one or both) fill out an application to the Federal Migration Service and attach a package of papers. The latter includes an identity card, the approval of the OOP, title papers for housing, and the approval of the second parent (judicial decision). An arrival sheet is also issued here. During the process of moving a child, the state strictly monitors that his rights are not infringed in any way.

Required documents

The consolidated list of documents consists of the following items:

Passport of parents, guardians, representatives.
Child's birth certificate.
Information about its registration.
Extract from the house register.
Property documents, if any, or a social contract. hiring
Permission from guardianship and trusteeship authorities.
Extract from the Unified State Register of Real Estate.
Those. passport for the apartment.

In some cases the list may be extended. You can find out more specifically by contacting the territorial office of the FMS and explaining the situation.

Discharge of a minor from a privatized apartment

The process of deregistering a child is not easy in any case, and if it comes to a privatized apartment, it is even more difficult. The court does not deal with such cases, and it will not be possible to carry out the required procedures without contacting the appropriate authorities.

In order to carry out deregistration, you should contact the guardianship authorities and obtain permission there. To do this, you need to submit certificates of a certain sample, and the document itself stating that new housing has already been purchased, and the entire family will be registered in it. Of course, you also need to deregister yourself at your old address.

In some cases, documents alone are not enough for the guardianship authorities; they can send their representative to inspect the new property. If nothing suspicious is found, permission to discharge will be obtained. Next, you can proceed according to the algorithm presented above.

Important points:

The easiest way is to discharge a child from a privatized apartment if he is not its owner.
If a minor is 14 years of age or older, he or she must submit an application for deregistration independently.

Removal and registration during divorce

Divorce is another obstacle when discharging children. The difficulty lies not in the procedure (it is similar to other options), but in the peculiarities of the divorce process. The child remains with either the father or the mother. The issue of residence is resolved by mutual agreement. If agreement is not reached through voluntary negotiations, the decision is made by the court.

Feature: if a divorced parent plans to move and the child remains with him, then a procedure for deregistration and registration will be required. If the ex-spouse remains in the same home, then nothing will be required.

The child, however, has the right to live with both parents.

The situation becomes more complicated if the child has a share in the property. Then the guardianship will think three times whether to discharge him after his parents’ divorce.

Discharge of a minor from a municipal apartment

This action can be performed under the following conditions:

If in the future he will be registered with one of the parents or guardian.
Living conditions in the new property are similar or better than in the previous one - this applies to area, placement, etc.

The checkout procedure is as follows:

Submitting a request to the passport office to obtain a certificate about those living in the apartment. To do this, you need to submit the following documents: an application, a child’s birth certificate and a social tenancy agreement.
Next, you should go to the guardianship authorities with this certificate, as well as with those listed above, with the parents’ passport, an extract from the Unified State Register (possibly a technical passport) for the apartments (old and new), a certificate of ownership, and you must provide your personal account number. The decision-making period is measured in 2 weeks.
If the verdict is positive, the person is discharged and subsequently registered at a new address.

Important! If a refusal is received, if there are no legal reasons for it, the one who wants to discharge the minor can sue.

Can they refuse to discharge children?

They can. If the terms and conditions described above are not met. However, sometimes the refusal is unlawful and here you will have to issue an extract only by court. This is also impossible without parental consent, but the child’s consent is required only after reaching the age of 14. Regardless of the situation, if everything was completed correctly and you have all the documents required for discharge, but there was a refusal, you need to:

Collect evidence. In particular, demand a written refusal from the MFC or passport office. Often this and the fact that the applicants are going to court are already enough to obtain a positive decision.
Prepare all documents for the court. This includes both evidence and passports of interested parties (parents and child). The sample list is identical to that for an extract, but it may vary slightly depending on the circumstances of the case.
Draw up and submit a statement of claim to the court.
Pay the state fee.
Wait for the court hearing and decision (this can take from several weeks to several months).
Get a solution.
Wait until the decision comes into force (1 month if there was no appeal).
Please contact the MFC or passport office with the decision and all the described documents.

Is it possible to discharge a minor from an apartment to “nowhere”?

According to the Constitution of the Russian Federation, it is impossible to discharge a child and not register him anywhere. This is stated in Law 5242-1. A minor must be assigned, according to his place of registration, to a specific city or district. This moment is very clearly controlled by the guardianship authorities. That's all, because difficulties may arise when lining up for kindergarten and being accepted into a school in your area of residence.

It happens that parents sold one apartment, but have not yet bought the second. In this case, a child of any age can be discharged and not registered anywhere, but under one condition: opening a bank account, which will contain an amount equal to his share.

If the child is the owner

It happens that children under 14 years of age are given deeds of gift or documents when purchasing an apartment, that is, in fact, he is the owner of all or part of the living space. In this case, the discharge procedure is special and has many nuances. If it is discovered that the owner of the purchased apartment was a minor, the new owner should proceed as follows:

Contact the passport office and request an extract from the place of residence, as well as provide the child’s birth certificate and confirmation that he or she owns real estate.
After a couple of days, you will be able to receive all the necessary documents.
Next, you should contact the guardianship authorities, where, among other things, you should provide technical assistance. passport and copies of passports of mother and father/representatives of the minor.
If a positive decision is received, you can go to the passport office for an extract.

A very important point! Only the former owner can check out the apartment or house; if it is a child, then this is done by the parents or representatives.

Legislative regulation of the issue of registration

Russian legislation has currently replaced the term “propiska” with the wording “registration at the place of residence.”
But the word “discharge” is still used in the vocabulary of citizens. Regarding registration, the law establishes the following:

registration of children where the mother or father lives - the issue is under the control of the guardianship authorities;
Art. The Civil Code determines the place of residence for a child under 14 years of age or guardian citizens where the parent/parents, adoptive parents, guardians live;
When registering parents in different places, you can register a minor at one of the addresses.

Important! According to Article 70 of the Housing Code, registration of persons under 18 years of age does not require the consent of citizens living at this address.

Article 20 of the Civil Code of the Russian Federation “Place of residence of a citizen of the Civil Code”

If the minor does not own the living space

More often there is a situation when the child is not the owner. In this case, the extract occurs according to the following rules:

Parents apply for permission to discharge him to the guardianship and trusteeship authorities. It will greatly speed up the decision-making process if you have already purchased an apartment where you can re-register.
If the decision is positive, proceed according to the standard algorithm.

It happens that parents do not want to discharge their child owner, since there is no new place for him yet. He won't be able to do this on his own. In addition, the court will not help resolve this issue. You'll have to wait until you reach adulthood to try again.

Arbitrage practice

In practice, most applications from plaintiffs are unsuccessful due to violation of terms and conditions. That is why you should immediately contact an experienced lawyer and only if he sees an opportunity to win the case, send an application to the court. A few examples:

Example No. 1 : The plaintiff applied to the court with a demand to declare the refusal to discharge a minor child unlawful. Based on the results of the consideration of the case and on the basis of all the documents provided, it turns out that the child was planned to be discharged “to nowhere.” The plaintiff does not yet know the address of subsequent registration. He planned to sell the apartment and move to another city, after which he would check into a hotel or rent an apartment and look for suitable housing to buy. Despite the fact that such actions are quite logical, the court was unable to satisfy the applicant’s request. He must first purchase housing or find an apartment where he can register and only then try to check out.

Example No. 2 : The plaintiff applied to the court with a request to discharge his family, including a minor child. The MFC refused him on the grounds that a court decision had not been provided. Based on the results of the consideration of the case, it turned out that all documents were provided. The child is not the owner of the apartment from which he is being discharged. Moreover, he is the owner of another home, where he plans to register immediately after arriving at the new place. The only problem was that before the trip, the old apartment first had to be sold and the applicant simply did not have the opportunity to first go to another city and register everyone at the new address. The court satisfied the applicant's demands and now he can re-apply to the MFC for an extract. He should remember that after arriving at a new address he must make a new registration.

It is very difficult to discharge minor children. Obstacles can arise at every step, and not all of them can be overcome on your own. At a free consultation, experienced lawyers will tell you exactly what should be taken into account to avoid potential problems. They can also act as client representatives both during discharge and when resolving controversial issues in court.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then

describe your situation to a lawyer in an online chat;
write a question in the form below;
call Moscow and Moscow region
call St. Petersburg and region

Save or share the link on social networks

(
1 ratings, average: 5.00 out of 5)
Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

Ask a question Author's rating

Articles written

513

- FREE for a lawyer!

Write your question, our lawyer will prepare an answer for FREE and call you back in 5 minutes.

By submitting data you agree to the Consent to PD processing, PD Processing Policy and User Agreement

Useful information on the topic

Apartment purchase and sale agreement using a safe deposit box

The procedure for purchasing an apartment is closely related to numerous fraudulent schemes. Get rid of...

Contract of sale of an apartment

In the majority of transactions for the alienation of property, a standard agreement is concluded...

How to bargain when buying an apartment on the secondary market

You can reduce the price when buying an apartment if you know some of the preparation details...

What documents are needed to buy an apartment?

Filling out documents for purchasing an apartment is one of the most responsible...

Buying an apartment by assignment of rights

When planning to buy an apartment on the primary market, you may come across advertisements...

Agreement on deposit when purchasing an apartment

In case of expropriation of real estate for compensation, the Seller and the Buyer may agree not...

Extract by court decision

Cases when it is possible to discharge a child through the court: he has lost or has not acquired the right to use real estate, or it has been terminated.

Important! Representatives of the guardianship and trusteeship authorities must be present at the court hearing as third parties. If the child is over 10 years old, then his opinion is also taken into account.

It is impossible to conduct a trial in the following cases:

Children under 14 years of age were registered during the privatization of municipal housing.
The minor is the owner.
In the event of a claim being filed by a person who is interested in obtaining the disputed premises.

It is worth understanding that a decision in favor of the plaintiff in such cases is rare. After all, according to the law, the court is obliged to take into account the rights and interests of the child in the first place. A common case is a deregistration from an apartment where the minor does not actually live, and he has a new place of residence. As for the most difficult situations, they are associated with deregistration if children under 14 years of age are planned to be registered in a smaller living space in the future.

General rules and conditions for the child’s discharge

Current conditions and rules regarding the discharge of a child:

An 18-year-old person can be discharged on a general basis. He is considered an adult.
If the child is 14 years old, he must sign all documents himself and can make decisions himself. However, all this is only in the presence of parents/guardians.
If a child is registered in an apartment that, during a divorce, goes to only one of the parents, it is impossible to discharge the child from this apartment without the consent of both parties (father and mother).
Regardless of the circumstances, the child should have conditions no worse in the new apartment than in the old one.

Example: If a child in the old apartment had his own room with an area of 15 sq.m., then the new one should have the same room for him personally. Improvement is allowed, but not deterioration of conditions. Simply put, you can move a child into a room with an area of 20 sq.m., but not into a room with an area of 13 sq.m.

If the child is the owner of the apartment, permission from the guardianship authorities is required.
If a child is registered in a non-privatized apartment, he automatically has the right to a part of it upon privatization. That is, he will become a co-owner. As a result, permission from the guardianship authorities is required for discharge.
If the child does not actually live in the apartment, although he is registered in it, you can try to discharge him even without the consent of the parents/guardians. But this requires a court decision and it will be very difficult to obtain it.
Children whose parents have been deprived of parental rights retain the right to live in the apartment where they were registered.

Often, responsible persons try to play it safe and refuse to discharge even in cases where permission from the guardianship authorities is not required (the child is not a co-owner of the apartment and the parents immediately indicate the address where he will move). In this case, you can try to get permission from the guardianship authorities or immediately go to court. In both cases, the responsible person disclaims responsibility, because all actions are carried out on the basis of a court decision or permission from guardianship.