How to get a share in an apartment for a minor
Regardless of whether the parents themselves want to allocate a share in the apartment to the minor, or this is a requirement of the law, the procedure is carried out according to a certain algorithm under the control of the guardianship authorities.
What rights do minor children have when it comes to real estate?
A child at any age can be the owner of a share in a private house or apartment. Until the age of 14, the rights and obligations of the child related to the ownership of a share in real estate are assigned to the parents (or guardians). Children over the age of 14 may dispose of their real estate independently, but under the age of 18, the consent of legal representatives is required. If a minor acquires full legal capacity, from the age of 16 he can dispose of his real estate at his own discretion.
Full legal capacity is acquired upon marriage, when applying for a job under an employment contract, or if the child has started to engage in entrepreneurial activity independently.
When registering a share for a minor, as in the case of any other actions related to real estate, the consent of the guardianship authorities is required.
This consent can only be obtained if the child's living conditions do not deteriorate, if his share in the new apartment does not become less.
The purchase of real estate by the parents does not automatically give the child the right to own a share, except in cases where the purchase of an apartment is carried out using the parent's capital. When does the child get a share in the apartment? There are several options. As a result of inheritance, donation, or privatization of a state apartment, if the parents themselves want to allocate a share in the apartment to the child.
How the child's right to a share in the apartment is registered: what documents are needed
Registration of property rights is handled by the Federal Registration Service, respectively, if you plan to register a share in a house or apartment for a minor, you need to submit certain documents to the Federal Registration Service: consent of the second spouse (optional); receipt of payment of state duty; passport of the minor's representative; application for registration of a share of real estate for a minor; documents on the basis of which the right of ownership arises — this may be a court decision, a certificate of inheritance, a gift or, for example, a contract of sale; birth certificate, if the child is over 14 years old, then passport; a document that confirms the registration of the right to a share in the real estate.
Registration of a share in an apartment for a minor is a complex, lengthy procedure, with many nuances, so it is better to conduct it under the control and with the support of experienced lawyers.
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